Opinion
Argued September 17, 2001.
November 13, 2001.
In a support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Nassau County (Fosky, J.), dated September 5, 2000, which denied his objections to an order of the same court (Dwyer, H.E.), dated June 6, 2000, granting the mother an award of arrears in child support in the principal sum of $9,255.05, and an attorney's fee in the sum of $3,000, and denying his request for downward modification of his child support obligation, and the mother cross-appeals from stated portions of the same order.
Gabor Gabor, Garden City, N.Y. (David D. Gabor of counsel), for appellant-respondent.
Timothy I. Cummings, Brooklyn, N.Y., for respondent-appellant.
Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, HOWARD MILLER, SANDRA L. TOWNES, JJ.
ORDERED that the cross appeal is dismissed, as the mother is not aggrieved by the order cross-appealed from (see, CPLR 5511); and it is further,
ORDERED that the order dated September 5, 2000, is affirmed; and it is further,
ORDERED that the mother is awarded one bill of costs.
The findings of the Family Court awarding the mother a pro rata share of the cost of unreimbursed child care and medical costs are supported by the credible evidence (see, Reiss v. Reiss, 23 A.D.2d 692; Matter of Wallace v. Whitsell, 183 Misc.2d 177, 179; Matter of Weiner v. Weiner, 97 Misc.2d 920, 923) and properly awarded under the terms of the parties' separation agreement (see, Mrowka v. Mrowka, 260 A.D.2d 613). The award of an attorney's fee was a provident exercise of discretion (see, DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879, 881; Kearns v. Kearns, 270 A.D.2d 392; Gagstetter v. Gagstetter, 283 A.D.2d 393).
The father failed to establish his entitlement to a downward modification of his support obligation (see, Yourman v. Yourman, 216 A.D.2d 308; Matter of Livingston v. Livingston, 80 A.D.2d 558; Gershowitz v. Gershowitz, 35 A.D.2d 816, 817; cf., Matter of Bolotnikov v. Bolotnikov, 262 A.D.2d 318; Matter of Meyer v. Meyer, 205 A.D.2d 784; Matter of Glinski v. Glinski, 199 A.D.2d 994;).
SANTUCCI, J.P., FLORIO, H. MILLER and TOWNES, JJ., concur.