Portnof v. Portnof

Full title: PAUL PORTNOF, Appellant, v. MICHELE PORTNOF (DITCHIK), Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 17, 1998

253 A.D.2d 675 (N.Y. App. Div. 1998)

677 N.Y.S.2d 468

Opinion

September 17, 1998

Appeal from the Supreme Court, New York County (Sherry Klein Heitler, J.).

We agree with the IAS Court that the parties' divorce judgment does not require defendant to use only "participating providers" under plaintiff's health insurance plan. The foregoing is not to be understood as holding that plaintiff is required to pay for any unreimbursed expenses incurred by defendant in using a nonparticipating provider ( see, Warshaw v. Warshaw, 243 A.D.2d 394), this being the issue that was raised on defendant's main motion but held in abeyance by the IAS Court.

Concur — Tom, J. P., Mazzarelli, Andrias and Saxe, JJ.