MATTER OF NELSON v. NELSON


48 A.D.3d 688 (2008)

850 N.Y.S.2d 915

In the Matter of DIANE NELSON, Respondent, v. KEITH NELSON, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 19, 2008.


Ordered that the order is affirmed, with costs.

The Family Court properly sustained the mother's objections to the order of the Support Magistrate. The Family Court properly construed the parties' stipulation of settlement and found that the father is responsible for 80% of the costs associated with the child's surgery. "A court may not write into a contract conditions the parties did not insert by adding or excising terms under the guise of construction, and it may...

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