Brevetti v. Brevetti

• Decision Date: 06 April 1992
• Citation: Brevetti v. Brevetti, 182 A.D.2d 606, 581 N.Y.S.2d 859 (N.Y. App. Div. 1992)
• Parties: Gloria BREVETTI, Appellant, v. Louis BREVETTI, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 859

581 N.Y.S.2d 859

182 A.D.2d 606

Gloria BREVETTI, Appellant, v. Louis BREVETTI, Respondent.

Supreme Court, Appellate Division Second Department.

April 6, 1992.

Marilyn S. Faust, White Plains (Sally Weinraub of counsel), for appellant.

Alan D. Scheinkman, White Plains, for respondent.

Before BRACKEN, J.P., and EIBER, O'BRIEN and PIZZUTO, JJ.

MEMORANDUM BY THE COURT.

In a matrimonial action in which the parties were divorced by judgment dated July 20, 1981, the plaintiff wife appeals, as limited by her brief, (1) from so much of an order of the Supreme Court, Westchester County (Donovan, J.), entered March 12, 1990, as (a) directed a hearing on certain branches of her motion which were, inter alia, for leave to enter a money judgment for arrears in child support and maintenance, and for an award of counsel fees, and on that branch of the defendant's cross motion which was for downward modification of the child support provisions of the judgment of divorce between the parties, and (b) denied that branch of her motion which was for an upward modification of the child support provisions, and (2) from an order of the same court, entered June 22, 1990, which granted the defendant's motion for a protective order precluding discovery of his financial circumstances prior to 1987, and discovery with respect to certain corporate and partnership assets.

ORDERED that the appeal from so much of the order entered March 12, 1990, as directed a hearing on certain branches of the plaintiff's motion and on that branch of the defendant's cross motion which was for downward modification of the child support provisions of the judgment of divorce between the parties, is dismissed, on the ground that an order directing a judicial hearing to aid in the disposition of a motion is not appealable as of right (see, CPLR 5701[a][2]; Moheban v. Moheban, 149 A.D.2d 488, 540 N.Y.S.2d 717; Serafimovs v. Serafimovs, 134 A.D.2d 422, 521 N.Y.S.2d 44; Palma v. Palma, 101 A.D.2d 812, 474 N.Y.S.2d 990); and it is further,

ORDERED that the order entered March 12, 1990, is affirmed insofar as reviewed; and it is further,

ORDERED that the order entered June 22, 1990, is affirmed; and it is further,

ORDERED that the defendant is awarded one bill of costs.

On June 24, 1981, the parties to this action entered into a stipulation whereby the defendant father agreed to pay child support of $200 per month for each of his children, with child support for each child to continue until the child reached the age of 21 years or was sooner emancipated. The stipulation made no provision for any future private school or college expenses of the children. The parties were divorced by a judgment of the Supreme Court dated July 20, 1981, and the stipulation was incorporated but not merged in the judgment.

In 1987 the parties' son was enrolled in a private boarding school for his final two years of high school. He then entered college. The defendant paid for tuition, room, and board for the son's schooling. He also continued to pay all costs of the son's medical insurance and unreimbursed medical and dental expenses and some costs of his clothing, and he provided the son with an allowance. The plaintiff paid, inter alia, certain clothing and food costs for the son when he returned home for weekends, holidays, and vacations.

In November 1989 the plaintiff moved for an upward modification of child support. In her supporting papers on the motion, the plaintiff cited the son's increased needs, the increased costs of living, and the loss of her employment.

In order to satisfy her...