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Cohen v. Cohen

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 1999
260 A.D.2d 422 (N.Y. App. Div. 1999)

Opinion

April 12, 1999

Appeal from the Supreme Court, Nassau County (Parga, J.).


Ordered that the cross appeal is dismissed, for failure to perfect the same in accordance with the rules of this Court ( see, 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff urges this Court to overrule its prior, holdings ( see, e.g., Maroney v. Maroney, 173 A.D.2d 685) and rule that, upon a showing of special circumstances, a noncustodial parent can be directed to pay child support and contribute to the child's college education beyond the child's 21st birthday. However, a parent has no legal obligation to continue the support of a child beyond the child's 21st birthday ( see, e.g., Family Ct Act § 413; Domestic Relations Law former § 32 [3]; Social Services Law § 101). Accordingly, this Court lacks the power to grant the plaintiff the relief she seeks with regard to child support and the daughter's college education.

The Supreme Court did not improvidently exercise its discretion in limiting the award of counsel fees to the plaintiff to $750 ( see, Domestic Relations Law § 237 [a]; DeCabrera v. Cabrera-Rosete, 70 N.Y.2d 879; Kwong-Yo Lee v. Oi Wa Chan, 245 A.D.2d 270).

O'Brien, J. P., Ritter, Joy and Altman, JJ., concur.


Summaries of

Cohen v. Cohen

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 1999
260 A.D.2d 422 (N.Y. App. Div. 1999)
Case details for

Cohen v. Cohen

Case Details

Full title:CAROL COHEN, Appellant-Respondent, v. RUSSELL COHEN, Respondent-Appellant

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

Date published: Apr 12, 1999

Citations

260 A.D.2d 422 (N.Y. App. Div. 1999)
687 N.Y.S.2d 726

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