Foster v. Jones

Appeal from an order of the Supreme Court (Monserrate, J.), entered November 28, 2001 in Broome County, which, inter alia, denied defendant’s cross motion to modify a judgment of divorce.

The sole issue to be decided is whether Supreme Court erred in denying defendant’s cross motion to modify a judgment of divorce without conducting an evidentiary hearing. While a maintenance provision in a judgment of divorce may be modified upon a showing of a substantial change in circumstances (Domestic Relations Law § 236 [B] [9] [b]), the moving party must submit an affidavit sufficient to show the…