Matter of Catherine Maiolica v Albert J. Maiolica

Matter of Maiolica v Maiolica 2006 NY Slip Op 05021 [30 AD3d 603] Decided on June 20, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 20, 2006
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
THOMAS A. ADAMS, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT A. SPOLZINO, JJ.
2005-09367 DECISION & ORDER

[*1]In the Matter of Catherine Maiolica, respondent,

v

Albert J. Maiolica, Jr., appellant. (Docket No. F-15013-04/05B)




Mastroianni & Mastroianni, Westbury, N.Y. (Tomasina
Mastroianni of counsel), for appellant.
Pacifico & Marmann, Mineola, N.Y. (Diane Pacifico
Marmann of counsel), for respondent.

In a post-divorce proceeding for child support under Family Court Act article 4, the father appeals from an order of the Family Court, Nassau County (Eisman, J.), dated August 18, 2005, which denied his objections to an order of the same court (Watson, S.M.) dated June 30, 2005, which, after a hearing, found that he was obligated to pay a portion of the son's summer camp expenses.

ORDERED that the order is affirmed, with costs.

Under the circumstances of this case, the Family Court properly found that summer camp expenses for the parties' son constitute child care expenses and directed the petitioner father to pay a portion of these expenses in accordance with his pro rata share of the parties' income (see Domestic Relations Law § 240[1-b][c][4]; Sieratzki v Sieratzki, 8 AD3d 552; Cohen-Davidson v Davidson, 255 AD2d 414, 415).
ADAMS, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court