Order, Family Court, New York County, entered June 30, 1976, unanimously modified, on the law, and in the exercise of discretion, to the extent of striking the provision requiring respondent husband to pay for the private schooling of the child, and, as so modified, affirmed, without costs and without disbursements. The parties were married November 26, 1967. There is one child, now four years of age, of the marriage. The parties separated in April, 1975 and petitioner wife commenced the instant proceedings seeking support for herself and for the child. On the facts, the alimony granted by the court below is proper (Domestic Relations Law, § 236; Kover v Kover, 29 N.Y.2d 408) as is the provision for child support (Family Ct Act, § 413). However, in the absence of the father's consent he may not be compelled to pay the cost of his child's private school education (Wagner v Wagner, 51 Misc.2d 574, affd 28 A.D.2d 828, app dsmd 20 N.Y.2d 803; but see Matter of Kotkin v Kerner, 29 A.D.2d 367). Private schooling is not indicated where the community makes available a public school education (Earle v Earle, 205 Misc. 738; Borden v Borden, 130 N.Y.S.2d 831; Berry v Berry, 56 A.D.2d 522). Consent for enrollment for a one-year period is not continuing and may be withdrawn at any time (see Wagner v Wagner, supra). The husband, by appealing, has withdrawn his consent.
Concur — Kupferman, J.P., Birns, Capozzoli, Nunez and Lynch, JJ.