Opinion
May 11, 1999
Appeal from the Supreme Court, New York County (Martin Schoenfeld, J.).
Since the parties' separation agreement required only that the husband be consulted regarding the children's after-school and summer activities before becoming obligated to pay one-half of the cost of such activities, and since the record supports a finding that there was, at the least, "some kind of discussion" between the parties on those subjects, the motion court properly confirmed the Special Referee's finding that the obligation to consult was satisfied ( see, Siegel v. Siegel, 122 Misc.2d 932; Kardanis v. Velis, 90 A.D.2d 727). The record also supports the findings that, as required by the separation agreement, the expenses in question were reasonable and that the husband can afford to pay one-half thereof. In the latter regard, the husband's financial wherewithal was properly assessed on the basis of the financial statement he swore to in connection with the purchase of a cooperative apartment with his second wife ( see, Capasso v. Capasso, 119 A.D.2d 268, 272), and his explanation that he inflated his income in that statement in order to secure the apartment was properly rejected ( see, Ledwith v. Sears, Roebuck Co., 231 A.D.2d 17, 27-28). We have considered the husband's other arguments and find them to be unpersuasive.
Concur — Rosenberger, J. P., Nardelli, Lerner, Saxe and Friedman, JJ.