Pethick v. Pethick

Memorandum:

Plaintiffs sole contention on appeal is that the parties’ separation agreement, which was incorporated into the judgment of divorce, created a binding obligation on defendant to contribute to the college expenses of the parties’ child and thus that Supreme Court erred in refusing to direct defendant to reimburse him for the college expenses that he incurred before he filed his motion seeking, inter alia, that relief. Plaintiff’s contention is not properly before us, however, inasmuch as the Support Magistrate determined, after a hearing, that the college education provision of the…