ATTEA v. ATTEA (2006)

Court of Appeals of New York.

Susan K. ATTEA, Appellant, v. Martin P. ATTEA, Respondent.

Decided: November 20, 2006

Lipsitz Green Scime Cambria LLP, Buffalo (Patrick C. O'Reilly and John A. Collins of counsel), for appellant. Spadafora & Verrastro, LLP, Buffalo (John E. Spadafora and Jennifer M. Turkovich of counsel), for respondent.

OPINION OF THE COURT

The order of the Appellate Division, insofar as appealed from, should be affirmed, with costs. Defendant father did not agree to pay the disputed medical school expenses for the parties' youngest son (see Hoffman v. Hoffman, 122 A.D.2d 583, 584, 505 N.Y.S.2d 273 [4th Dept.1986], lv. dismissed 69 N.Y.2d 706, 512 N.Y.S.2d 1029, 504 N.E.2d 398 [1986] ).

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, affirmed, with costs, in a memorandum.

MEMORANDUM.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and SMITH concur. Judge PIGOTT taking no part.

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