Croce v. Croce
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from an order of the Family Court of Ulster County (Mizel, J.), entered March 28, 1995, which granted petitioner’s application, in a proceeding pursuant to Family Court Act article 4, for, inter alia, an award of counsel fees.
The parties were divorced on January 16, 1992; pursuant to the parties’ separation agreement which was incorporated, but *647not merged into the judgment of divorce, respondent was obligated to provide health insurance for his two minor children. In January, 1993 respondent, who was unemployed, moved to modify the judgment; thereafter petitioner agreed to pay $111 per…
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