Calhoun v. Calhoun

Appellate Division of the Supreme Court of New York

Calhoun v. Calhoun

256 A.D. 672, 11 N.Y.S.2d 415, 1939 N.Y. App. Div. LEXIS 4812

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 21, 1939

StatusPublished

Cited by10 cases

This text of 256 A.D. 672 (Calhoun v. Calhoun) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Calhoun v. Calhoun, 256 A.D. 672, 11 N.Y.S.2d 415, 1939 N.Y. App. Div. LEXIS 4812 (N.Y. Ct. App. 1939).

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Opinion

Per Curiam.

Where the parents of a child are unable to adequately provide for it, a grandparent of sufficient means may be held liable for the support of the grandchild. (Domestic Relations Court Act of City of New York, § 101, subd. 3; § 92, subd. 3. See, also, Public Welfare Law, § 125; Code Crim. Proc. § 914; Rowley v. Fuller, 251 App. Div. 793; affd., 276 N. Y. 519.) However, the evidence here failed to show that appellant, the grandmother of the infant, was of sufficient means to support it and that the parents, who are primarily hable, were unable to provide the necessary support.

[673]*673For the foregoing reasons the order should be reversed and the proceeding dismissed.

Present — Martin, P. J., TJntebmyer, Dore, Cohn and Callahan, JJ.

Order unanimously reversed and the proceeding dismissed.

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Per Curiam.

Where the parents of a child are unable to adequately provide for it, a grandparent of sufficient means may be held liable for the support of the grandchild. (Domestic Relations Court Act of City of New York, § 101, subd. 3; § 92, subd. 3. See, also, Public Welfare Law, § 125; Code Crim. Proc. § 914; Rowley v. Fuller, 251 App. Div. 793; affd., 276 N. Y. 519.) However, the evidence here failed to show that appellant, the grandmother of the infant, was of sufficient means to support it and that the parents, who are primarily hable, were unable to provide the necessary support.

[673]*673For the foregoing reasons the order should be reversed and the proceeding dismissed.

Present — Martin, P. J., TJntebmyer, Dore, Cohn and Callahan, JJ.

Order unanimously reversed and the proceeding dismissed.

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Bluebook (online)

256 A.D. 672, 11 N.Y.S.2d 415, 1939 N.Y. App. Div. LEXIS 4812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calhoun-v-calhoun-nyappdiv-1939.

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