Gucker v. Gucker

144 A.D.3d 798

41 N.Y.S.3d 81

2016 N.Y. Slip Op. 07321

In the Matter of Sharon GUCKER, appellant,

v.Charles GUCKER, respondent.

Supreme Court, Appellate Division, Second Department, New York.

Nov. 9, 2016.

Lehrman & Klein, Uniondale, NY (Warren S. Landau and Mitchell P. Klein of counsel), for appellant.

Charles Gucker, North Bellmore, NY, respondent pro se.

RUTH C. BALKIN, J.P., L. PRISCILLA HALL, BETSY BARROS, and VALERIE BRATHWAITE NELSON, JJ.

Appeals by the mother from three orders of the Family Court, Nassau County, one dated December 12, 2014 (Lisa M. Williams, S.M.), and two dated September 1, 2015 (Merik R. Aaron, J.). The order dated December 12, 2014, insofar as appealed from, after a hearing, in effect, denied that branch of the mother's petition which was to direct the father to contribute to the subject children's dental expenses. The first order dated September 1, 2015, denied the mother's objections to so much of the order dated December 12, 2014, as pertained to dental expenses. The second order dated September 1, 2015, granted the father's objections to so much of the order dated December 12, 2014, as directed him to contribute to camp, Tae Kwon Do, and vision expenses.

ORDERED that the appeal from the order dated December 12, 2014, is dismissed, without costs or disbursements, as that order was superseded by the orders dated September 1, 2015; and it is further,ORDERED that the orders dated September 1, 2015, are affirmed, without costs or disbursements.

In July 2014, the mother filed a petition to enforce portions of the parties' stipulation of settlement dated October 18, 2013, which was incorporated but not merged into their judgment of divorce. The stipulation provided that the father was responsible for paying 25% of expenses for the subject children's camp and extracurricular activities, “so long as such expenses are jointly agreed upon,” that to the extent medical expenses for the children were not covered by the father's insurance plan, each party shall pay one-half of “all medically necessary procedures, inoculations, and testing,” and that “[t]he parties shall use in-network providers unless otherwise agreed in writing prior to the service or treatment.” In an order dated December 12, 2014, the Family Court directed the father to pay the sum of $6,131, based upon a finding that he was responsible for contributing to the children's camp, Tae Kwon Do, and vision expenses. The court declined, however, to make any award as to dental expenses. The mother filed objections to so much of the order dated December 12, 2014, as declined to direct the father to reimburse her for...