Attea v Attea

Attea v Attea 2006 NY Slip Op 08635 [7 NY3d 879] November 20, 2006 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 17, 2007

[*1] Susan K. Attea, Appellant,
v
Martin P. Attea, Respondent.

Decided November 20, 2006

Attea v Attea, 30 AD3d 971, affirmed.

APPEARANCES OF COUNSEL

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

Memorandum.

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 [*2]parties' youngest son (see Hoffman v Hoffman, 122 AD2d 583, 584 [4th Dept 1986], lv dismissed 69 NY2d 706 [1986]).

Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo, Read and Smith concur; Judge Pigott taking no part.

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.