Clay v. Clay

Appellate Division of the Supreme Court of New York

Clay v. Clay

54 A.D.2d 647, 387 N.Y.S.2d 634, 1976 N.Y. App. Div. LEXIS 14156

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

DecidedOctober 21, 1976

StatusPublished

Cited by1 cases

This text of 54 A.D.2d 647 (Clay v. Clay) 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

Clay v. Clay, 54 A.D.2d 647, 387 N.Y.S.2d 634, 1976 N.Y. App. Div. LEXIS 14156 (N.Y. Ct. App. 1976).

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Opinion

Order, Family Court, New York County, entered on May 30, 1975, insofar as it dismissed the petition for enforcement of a foreign decree of divorce and denied petitioner a counsel fee, unanimously affirmed, without costs and without disbursements, and without prejudice to any further application which petitioner may deem it appropriate to make. It was perfectly proper for petitioner to proceed in the Family Court to enforce a foreign divorce decree while at the same time pursuing her remedies in the Supreme Court to collect arrears due pursuant to the terms of a separation agreement. We, however, in the exercise of discretion, affirm the dismissal of the Family Court petition because of the now admitted fact that petitioner has recovered arrears in the Supreme Court proceeding covering the period of time in issue in the Family Court proceeding. Such proceeding, therefore, would appear to be merely duplicative. While petitioner may not collect the same support twice, this determination is without prejudice to the petitioner’s right to reapply for relief in the Family Court, if she is so advised and if any new facts or circumstances develop which would warrant such new application. Concur&emdash;Stevens, P. J., Markewich, Birns, Silverman and Capozzoli, JJ.

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Order, Family Court, New York County, entered on May 30, 1975, insofar as it dismissed the petition for enforcement of a foreign decree of divorce and denied petitioner a counsel fee, unanimously affirmed, without costs and without disbursements, and without prejudice to any further application which petitioner may deem it appropriate to make. It was perfectly proper for petitioner to proceed in the Family Court to enforce a foreign divorce decree while at the same time pursuing her remedies in the Supreme Court to collect arrears due pursuant to the terms of a separation agreement. We, however, in the exercise of discretion, affirm the dismissal of the Family Court petition because of the now admitted fact that petitioner has recovered arrears in the Supreme Court proceeding covering the period of time in issue in the Family Court proceeding. Such proceeding, therefore, would appear to be merely duplicative. While petitioner may not collect the same support twice, this determination is without prejudice to the petitioner’s right to reapply for relief in the Family Court, if she is so advised and if any new facts or circumstances develop which would warrant such new application. Concur&emdash;Stevens, P. J., Markewich, Birns, Silverman and Capozzoli, JJ.

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Bluebook (online)

54 A.D.2d 647, 387 N.Y.S.2d 634, 1976 N.Y. App. Div. LEXIS 14156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clay-v-clay-nyappdiv-1976.

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