Opinion
January 10, 1995
Appeal from the Supreme Court, New York County (Phyllis Gangel-Jacob, J.).
Although defendant had standing to seek enforcement of the provision in the parties' Separation Agreement and divorce judgment obligating plaintiff to pay the children's college expenses, the IAS Court correctly held that plaintiff had not violated the Agreement and the New York Uniform Gifts to Minors Act (EPTL 7-4.1 et seq.) by directing the children to use their custodial accounts, which were funded by plaintiff, to pay their college expenses. The court also did not improperly exercise its discretion in denying defendant an award of counsel fees.
Concur — Kupferman, J.P., Ross, Rubin and Williams, JJ.