Commissioner of Welfare v. Belgrave

Appellate Division of the Supreme Court of New York

Commissioner of Welfare v. Belgrave

16 A.D.2d 771, 227 N.Y.S.2d 984, 1962 N.Y. App. Div. LEXIS 9540

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

DecidedMay 22, 1962

StatusPublished

Cited by3 cases

This text of 16 A.D.2d 771 (Commissioner of Welfare v. Belgrave) 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

Commissioner of Welfare v. Belgrave, 16 A.D.2d 771, 227 N.Y.S.2d 984, 1962 N.Y. App. Div. LEXIS 9540 (N.Y. Ct. App. 1962).

Pincite

Opinion

Order, entered on February 17, 1961, increasing support, unanimously reversed on the law and matter remanded for a new hearing, without costs. On complainant’s application the court increased the amount of support for plaintiff’s son from $5 to $15 a week. The amount of $5 was fixed at the original hearing in 1858 when paternity was admitted. In October, 1960 an application for an increase was not granted. To obtain an increase now, there should be a showing that there has been a change in conditions, such as the need of the mother or the ability of the father to pay, which would warrant a change in the existing order for support. The evidence adduced was too meager to make such a finding (Schaschlo v. Taishoff, 2 N Y 2d 408). Concur — Breitel, J. P., Valente, McNally, Stevens and Steuer, JJ.

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Order, entered on February 17, 1961, increasing support, unanimously reversed on the law and matter remanded for a new hearing, without costs. On complainant’s application the court increased the amount of support for plaintiff’s son from $5 to $15 a week. The amount of $5 was fixed at the original hearing in 1858 when paternity was admitted. In October, 1960 an application for an increase was not granted. To obtain an increase now, there should be a showing that there has been a change in conditions, such as the need of the mother or the ability of the father to pay, which would warrant a change in the existing order for support. The evidence adduced was too meager to make such a finding (Schaschlo v. Taishoff, 2 N Y 2d 408). Concur — Breitel, J. P., Valente, McNally, Stevens and Steuer, JJ.

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Bluebook (online)

16 A.D.2d 771, 227 N.Y.S.2d 984, 1962 N.Y. App. Div. LEXIS 9540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commissioner-of-welfare-v-belgrave-nyappdiv-1962.

Opinion

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