Legal Opinion

Deanna (B.)J. v. Donald M.B.

Appellate Division of the Supreme Court of the State of New York

Decided March 21, 2008Published

1Opinion of the Court

Memorandum: Supreme Court properly granted that part of the cross motion of defendant seeking to be relieved of his maintenance obligation based upon his clear and convincing showing of a substantial change in circumstances (see McGuire v McGuire, 200 AD2d 825 [1994]; see also Sitler v Sitler, 266 AD2d 202 [1999]). The court abused its discretion, however, in granting that relief effective August 3, 2005 rather than May 22, 2006, the date of application therefor (see Domestic Relations Law § 236 [B] [9] [b]; Rosenberg v Rosenberg, 215 AD2d 365, 367 [1995]). We therefore modify the order and…

2Cases cited3 opinions

  1. Rosenberg v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1995
  2. Sitler v. SitlerAppellate Division of the Supreme Court of the State of New York · 1999
  3. McGuire v. McGuireAppellate Division of the Supreme Court of the State of New York · 1994

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