Lee v. Lee

—Mercure, J.

Appeal from an order of the Supreme Court (Rumsey, J.), entered September 17, 1996 in Chenango County, which denied defendant’s motion for upward modification of a prior order of maintenance.

After more than 30 years of marriage, plaintiff commenced this action against defendant for divorce in September 1991. In June 1994, during the trial of the action, plaintiff and defendant entered into an “opting out agreement” pursuant to Domestic Relations Law § 236 (B) in which they, inter alia, agreed to a distribution of their marital property. The agreement, however, did not settle the…