In a matrimonial action in which the parties were divorced by a judgment dated October 25, 1989, the plaintiff appeals from an order of the Supreme Court, Westchester County (Donovan, J.), entered September 1, 2005, which granted that branch of the defendant’s motion which was “to compel [the] plaintiff to pay for the college and post-college education” of the parties’ daughter, granted that branch of the defendant’s motion which was for a hearing on the issues of reimbursement of medical insurance premiums and an award of an attorney’s fee, and denied his cross motion, inter alia, for the imposition of a sanction against the defendant and for an award of an attorney’s fee.
Ordered that the order is modified, on the facts, by deleting the provision thereof granting that branch of the defendant’s motion which was “to compel [the] plaintiff to pay for their daughter’s “college and post-college education,” and substituting therefor a provision granting that branch of the motion to the extent of directing the plaintiff to pay for the daughter’s “net college tuition expenses as defined in an order of the Family Court, Orange County, entered September 5, 2003, and for her post-college education” and otherwise denying that branch of the motion; as so modified, the order is affirmed, with costs to the defendant.
Therefore, the Supreme Court properly determined that the
Under the circumstances presented, the Supreme Court properly granted that branch of the defendant’s motion which was for a hearing on the issues of reimbursement of medical insurance premiums and an award of an attorney’s fee. Likewise, the Supreme Court properly denied the plaintiffs cross motion, inter alia, for the imposition of a sanction and for an award of an attorney’s fee based upon the allegedly frivolous conduct of the defendant in making the motion. Miller, J.P., Goldstein, Mastro and Dillon, JJ., concur.
