Mineo v. Mineo

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Following a hearing, the Hearing Examiner ordered respondent to pay 60% of his daughter’s tuition at a private elementary school and $2,000 toward petitioner’s legal expenses of nearly $8,000. Family Court erred in confirming the Hearing Examiner’s award with respect to tuition. Absent a voluntary agreement or special circumstances, a parent is not obligated to contribute to private school expenses (Cooper v Farrell, 170 AD2d 571; Cwiklinski v Cwiklinski, 115 AD2d 951;…