| DiVito v DiVito |
| 2008 NY Slip Op 09022 [56 AD3d 601] |
| November 18, 2008 |
| Appellate Division, Second Department |
| Rosanne DiVito, Respondent, v Nicholas DiVito,Appellant. |
—[*1] Kitson Kitson & Bisesto, LLP, White Plains, N.Y. (Ellen Werfel-Martineau of counsel), forrespondent.
In matrimonial action in which the parties were divorced by judgment entered December 18,2006, the defendant former husband appeals, as limited by his brief, from so much of an order ofthe Supreme Court, Westchester County (Jamieson, J.), entered February 5, 2008, as grantedthose branches of the motion of the plaintiff former wife which were for an award ofmaintenance arrears in the sum of $139,663 payable pursuant to a stipulation of settlementincorporated but not merged in the judgment of divorce, and directed entry of judgment in thatamount, and for an award of an attorney's fee to the extent of awarding her the sum of $7,500,and denied his cross motion for a downward modification of his maintenance obligation.
Ordered that the order is affirmed insofar as appealed from, with costs.
The defendant failed to establish, prima facie, that continued enforcement of his maintenanceobligation pursuant to a stipulation of settlement incorporated but not merged in the judgment ofdivorce would create an extreme hardship (see Domestic Relations Law § 236 [B][9] [b]; Mahato v Mahato, 16 AD3d 386 [2005]; cf. Lewis v Lewis, 43 AD3d462, 463 [2007]). His remaining contentions are either without merit (see Costantino vCostantino, 225 AD2d 651 [1996]) or not properly before this Court (see Sloboda vSloboda, 24 AD3d 533 [2005]). Rivera, J.P., Lifson, Eng and Chambers, JJ., concur.