Sitarek v. Sitarek

*1065Supreme Court held a hearing on defendant’s application and concluded that the proof of plaintifFs cohabitation was insufficient to justify terminating defendant’s maintenance obligation. The record fully supports that conclusion. To establish cohabitation, defendant had the burden of showing that plaintiff was living with an unrelated male and that she was holding herself out as his wife (see, Domestic Relations Law § 248; Matter of Bliss v Bliss, 66 NY2d 382; Northrup v Northrup, 43 NY2d 566, 571-572; Levy v Levy, 143 AD2d 975, 977). Although it was uncontroverted that plaintiff was living…