Downer v. Downer

—Order unanimously affirmed without costs. Memorandum: Family Court properly denied respondent’s objection to the order of the Hearing Examiner granting petitioner a money judgment for six years of maintenance arrears (see, Tauber v Lebow, 65 NY2d 596) and denying respondent’s cross motion for downward modification.

The parties entered into a separation agreement on April 25, 1974 that was incorporated but not merged in the judgment of divorce on April 18, 1977. The agreement required respondent to pay the sum of $100 a week in maintenance. Petitioner commenced this proceeding seeking a money…