AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

KAREN F. COMSTOCK, respondent, v. RICHARD H. COMSTOCK, JR., appellant.

DECISION ORDER

ORDERED that the appeal from the order dated December 10, 2002, is dismissed, as no appeal lies from an order denying reargument; and it is further,

ORDERED that the order dated July 25, 2002, is affirmed; and it is further,

ORDERED that one bill of costs is awarded to the plaintiff.

Pursuant to Domestic Relations Law § 236(B)(9)(b), the Supreme Court may modify any prior order or judgment with respect to maintenance. The party seeking the modification has the burden of establishing the existence of a "substantial change in circumstances" warranting the modification ( Klapper v. Klapper, 204 A.D.2d 518; Rosen v. Rosen, 193 A.D.2d 661). Here, the defendant failed to meet that burden. His assertions concerning his current financial circumstances were not only unsubstantiated, but also vague and conclusory ( see Rosen v. Rosen, supra; Praeger v. Praeger, 162 A.D.2d 671).

The defendant's remaining contentions are without merit.

SANTUCCI, J.P., S. MILLER, GOLDSTEIN and COZIER, JJ., concur.

Use AI to get other relevant cases.

Comments

COMSTOCK v. COMSTOCK
(Nov 3, 2003)