Opinion
April 13, 1998
Appeal from the Surrogate's Court, Dutchess County (Bernhard, S.).
Ordered that the order is affirmed insofar as appealed from, with costs payable by Spencer Thaddeus Coffin.
The facts of this proceeding were set forth in our prior decision ( see, Matter of Coffin, 232 A.D.2d 483, supra) wherein we remitted the matter to the Surrogate's Court for a determination of the amount of any unpaid child support and the supplemental amount to be paid to cover those arrears. We reject the appellant's argument that the Surrogate's Court erred in granting the estate a credit against child support arrears for payments made for the appellant's college tuition and board. Such a credit was not contrary to our direction upon remittitur, and was in accordance with the intent of the testator.
Rosenblatt, J.P., Sullivan, Joy, Altman and Luciano, JJ., concur.