| Matter of Nelson v Nelson |
| 2008 NY Slip Op 01548 [48 AD3d 688] |
| February 19, 2008 |
| Appellate Division, Second Department |
| In the Matter of Diane Nelson, Respondent, v KeithNelson, Appellant. |
—[*1] Diane Nelson, Huntington, N.Y., respondent pro se.
In a child support proceeding pursuant to Family Court Act article 4, the father appeals froman order of the Family Court, Nassau County (Eisman, J.), dated March 29, 2007, whichsustained the mother's objections to an order of the same court (Kahlon, S.M.), dated March 23,2007, denying, after a hearing, that branch of the mother's petition which was for reimbursementof the father's proportionate share of medical expenses for their child, and, thereupon, inter alia,in effect, granted that branch of the petition.
Ordered that the order is affirmed, with costs.
The Family Court properly sustained the mother's objections to the order of the SupportMagistrate. The Family Court properly construed the parties' stipulation of settlement and foundthat the father is responsible for 80% of the costs associated with the child's surgery. "A courtmay not write into a contract conditions the parties did not insert by adding or excising termsunder the guise of construction, and it may not construe the language in such a way as woulddistort the contract's apparent meaning" (Cohen-Davidson v Davidson, 291 AD2d 474,475 [2002]).
The father's remaining contentions are without merit. Skelos, J.P., Fisher, Dillon andMcCarthy, JJ., concur.