Opinion
Argued April 22, 1980
Decided May 8, 1980
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GERALD S. HELD, J.
Fabian G. Palomino for appellant.
William F. Reilly and Sheila Riesel for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the opinion by Mr. Justice VITO J. TITONE at the Appellate Division. We note, however, that our holding in this case should not be construed to represent tacit approval of that aspect of the Appellate Division's decision which suggested that an individual's obligation to support his or her children pursuant to a divorce decree may be modified by conditioning it upon the custodial parent's compliance with a court order or agreement regulating visitation privileges (cf. Borax v Borax, 4 N.Y.2d 113). Although we find no ground for reversal in this case, we prefer to leave open the question whether such a modification, under different circumstances, might constitute an abuse of discretion.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed, with costs, in a memorandum.