Opinion
11-10-2016
Michelle A. GOLDBERG, Plaintiff–Respondent, v. Glenn M. GOLDBERG, Defendant–Appellant.
Glenn Goldberg, appellant pro se. Michelle A. Goldberg, respondent pro se.
Glenn Goldberg, appellant pro se.
Michelle A. Goldberg, respondent pro se.
Order, Supreme Court, New York County (Ellen Gesmer, J.), entered February 5, 2016, which, insofar as appealed from, denied defendant father's cross motion and declared that he is not entitled to any credit against his child support payments for his payments toward his youngest son's college expenses, unanimously affirmed, without costs.
The parties' agreements are clear that defendant is responsible for the college expenses, including room and board, for the parties' youngest son. Defendant is not entitled to a credit against his obligation to pay the child's room and board expenses in the amount of his child support payments because no such credit was contemplated by the agreements (see Matter of Eagar v. Suchan, 128 A.D.3d 961, 963, 9 N.Y.S.3d 628 [2d Dept.2015] ; Matter of Filosa v. Donnelly, 94 A.D.3d 760, 761, 941 N.Y.S.2d 671 [2d Dept.2012] ).
We have considered defendant's remaining arguments and find them unavailing.
TOM, J.P., SWEENY, RICHTER, MANZANET–DANIELS, WEBBER, JJ., concur.