AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

BERNICE R. MARTIN, Respondent, v. WILLIAM T. MARTIN, JR., Appellant.

Ordered that the order is affirmed, with costs.

Contrary to the former husband's contentions, neither the unsubstantiated allegations in his affidavit that there had been a substantial change in the former wife's circumstances nor his claim that his voluntary retirement constituted such a change in his own circumstances demonstrated the need for a hearing (see, Gagliardi v. Gagliardi, 18 A.D.2d 788). The former husband's papers failed to make a sufficient showing of a substantial change in circumstances warranting elimination or reduction of the alimony award (see, Koch v. Koch, 134 A.D.2d 574; Villano v. Villano, 98 Misc.2d 774, 779).

It was not improper for the court to award the former wife counsel fees in the absence of a hearing under these circumstances, where her attorney clearly set forth in his affirmation his hourly rate and the number of hours which he expended representing the wife on the motion. Mangano, P.J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.

Use AI to get other relevant cases.

Comments

MARTIN v. MARTIN
(Jun 28, 1993)