Appellate Division of the Supreme Court of the State of New York June 16, 2000, Appeal No. 1 (Marinelli v. Vernille)

Order unanimously affirmed without costs. Memorandum: By consent order dated July 11, 1991, petitioner and respondent agreed to contribute to their children’s college expenses “pursuant to their ability.” In April 1998 petitioner commenced this proceeding seeking an order directing respondent to contribute to the college expenses, asserting that he was not paying any portion of those expenses.