Opinion
February 16, 1993
Appeal from the Supreme Court, Suffolk County (Kitson, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court properly construed the pertinent provisions of the parties' separation agreement and we agree that the plaintiff was entitled to enforce the defendant's obligations to pay maintenance and provide fuel oil to the former marital premises (see, Sypek v Sypek, 130 Misc.2d 796). There is no merit to the defendant's claim that the plaintiff waived her right to enforce those obligations (see, Mitchell v Mitchell, 170 A.D.2d 585; Thompson v Lindblad, 125 A.D.2d 460). Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.