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CHERYL HANFLING, Respondent, v. PHILIP HANFLING, Appellant.

Ordered the defendant's notice of appeal from the order entered May 10, 2004, is deemed a premature notice of appeal from the money judgments ( see CPLR 5520 [c]); and it is further,

Ordered that the money judgments are affirmed; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

Contrary to the defendant's contention, the parties' separation agreement does not prohibit the plaintiff from bringing the parties' children to out-of-plan medical providers ( see Cohen-Davidson v. Davidson, 291 AD2d 474). Thus, the Supreme Court properly awarded the plaintiff one half of the unreimbursed medical expenses.

The defendant's remaining contention is unpreserved for appellate review.

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HANFLING v. HANFLING
(Nov 14, 2005)