CLARK v. CLARK

ORDERED that the order is affirmed, with costs.

Domestic Relations Law § 236(B)(9)(b) authorizes the modification of the terms of a separation agreement, such as the one at issue, which was incorporated but not merged into a judgment of divorce upon a showing of extreme hardship (see, Mishrick v. Mishrick, 251 A.D.2d 558; Luftig v. Luftig, 239 A.D.2d 225; Sheridan v. Sheridan, 225 A.D.2d 604; cf., Streit v. Streit, 237 A.D.2d 662). The defendant failed to meet this burden. We reject the defendant's contention that the Supreme Court should have conducted a hearing on his motion (see, Mishrick v. Mishrick, supra).