SILVERMAN v. SILVERMAN

Ordered that the order is modified, on the law, by vacating the award of counsel fees; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Suffolk County, for a hearing on the issue of counsel fees.

The Supreme Court erred in awarding counsel fees to the plaintiff former wife without conducting a hearing. An award of counsel fees on the basis of affirmations alone was improper in the absence of a stipulation agreeing to that procedure (see, Osborn v Osborn, 144 A.D.2d 350; Johnston v Johnston, 115 A.D.2d 520). Accordingly, the matter is remitted to the Supreme Court, Suffolk County, for a hearing on this issue.

Under the circumstances presented in this case, we conclude that, although the defendant former husband's change in careers created economic difficulties, he failed to make a sufficient showing to justify further downward modification of maintenance (see, Domestic Relations Law § 236 [B] [9] [b]).

We find the defendant former husband's remaining contention to be without merit. Bracken, J.P., Sullivan, Copertino and Santucci, JJ., concur.