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PALMER v. SPADONE-PALMER

305027/12. Appeal No. 12824. Case No. 2020-01157.

190 A.D.3d 495 (2021)

2021 NY Slip Op 00122

Mark E. Palmer, Respondent, v. Melina Spadone-Palmer, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 12, 2021.

Attorney(s) appearing for the Case

The Edelsteins, Faegenburg & Brown, LLP, New York ( Adam Edelstein of counsel), for appellant.

Gassman Baiamonte Gruner, PC, Garden City ( Rosalia Baiamonte of counsel), for respondent.

Concur—Renwick, J.P., Kern, Mazzarelli, Kennedy, Shulman, JJ.

An order or judgment incorporating an agreement providing for maintenance will not be modified without a showing of extreme hardship (see Domestic Relations Law § 236[B][9][b][1]; Sheila C. v Donald C., 5 A.D.3d 123, 123-124 [1st Dept 2004]). Here, the court properly found that the husband would suffer extreme hardship if held to the maintenance obligations under the settlement agreement.

The wife's primary argument...

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