Opinion
Decided November 20, 2006.
APPEAL from an order of the Appellate Division of the Supreme Court in the Fourth Judicial Department, entered June 9, 2006. The Appellate Division order, insofar as appealed from, with two Justices dissenting, (1) reversed, on the law, so much of an order of the Supreme Court, Erie County (Christopher J. Burns, J.), as had confirmed a Matrimonial Referee's report determining that pursuant to the parties' stipulation defendant was required to pay the medical school expenses for the youngest son of the marriage, and (2) granted that part of defendant's cross motion seeking to reject that part of the report with respect to the medical school expenses of the parties' youngest son.
The Appellate Division concluded that since the parties' children were over 21 any voluntary agreement to pay educational expenses must be "express" ( Hoffman v. Hoffman, 122 AD2d 583, 584, lv dismissed 69 NY2d 706), and the phrase "college expenses" in the stipulation between the par-ties could not be construed to encompass the costs of medical school without disregarding the usual meaning of the phrase.
Attea v. Attea, 30 AD3d 971, affirmed.
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.
Before: Chief Judge KAYEand Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and SMITH.
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 AD2d 583, 584 [4th Dept 1986, lv dismissed 69 NY2d 706 1986]).
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.