Opinion
May 5, 1997
Appeal from the Family Court, Nassau County (Medowar, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the petition is denied, and the proceeding is dismissed.
The Supreme Court improperly conditioned child support for the eldest daughter, Jennifer, upon her visitation with the father. The father's petition alleged that Jennifer was 14-years old at the time the petition was filed. Consequently, support could not be conditioned upon such visitation, as a matter of law ( see, Matter of Ryan v. Schmidt, 221 A.D.2d 449, 450).
Bracken, J.P., Sullivan, Santucci and Altman, JJ., concur.