[DOWNLOAD] "Constance Lapiana" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Constance Lapiana
- Author : Supreme Court of New York
- Release Date : January 20, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
In a support proceeding pursuant to article 4 of the Family Court Act, the husband appeals from an order of the Family Court, Westchester County, dated May 5, 1978, which directed that he pay petitioner $50 per week support and a counsel fee of $750. Order reversed, on the law, without costs or disbursements, and petition dismissed. The Family Court did not have jurisdiction to entertain the petition herein because there was pending a Supreme Court action brought by petitioner for a separation (see Family Ct Act, § 464; Matter of Lo Casto v Lo Casto, 45 A.D.2d 712; see, also, CPLR 3217; Matter of Lopez v Lopez, 63 Misc. 2d 252; Mc Kay v Mc Kay, 82 Misc. 2d 929). The record did not justify application of the public assistance exception (see Matter of Lopez v Lopez, supra;Mc Kay v Mc Kay, supra). Titone, J. P., Suozzi, O'Connor and Lazer, JJ., concur. MERCHANTS BANK v BRICKOTE