GERSHEN v. GERSHEN

Order dated May 7, 1985, affirmed insofar as appealed from.

The plaintiff is awarded one bill of costs.

Special Term did not err in denying, without a hearing, the husband's motion pursuant to Domestic Relations Law § 248 to modify the judgment of divorce so as to delete the payment of maintenance to the wife. A former husband who moves to terminate his maintenance payments pursuant to this section must not only demonstrate that his former wife is cohabiting with another man but also conduct by her amounting to "holding herself out" as that man's wife (Matter of Bliss v Bliss, 66 N.Y.2d 382). In the instant case there was an insufficient basis upon which to direct a hearing on the issue of whether the holding out requirement was met. Mollen, P.J., Thompson, Niehoff, Rubin and Kunzeman, JJ., concur.