Costa v. Costa
This text of 247 A.D. 192 (Costa v. Costa) 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.
Opinion
In view of the testimony of the petitioner that she is regularly receiving ten dollars a week from the appellant and furthermore that her parents are willing that she shall five with them, it cannot be said that the petitioner “ is likely to become a public charge,” which constitutes the only basis for the exercise of jurisdiction by the Domestic Relations Court during the pendency in the Supreme Court of an action for a separation between the parties. (Dom. Rel. Ct. Act [Laws of 1933, chap. 482], § 137; Matter of Collins v. Collins, 245 App. Div. 612; Matter of Chandler v. Chandler, 241 id. 390.)
The order should be reversed and the petition dismissed.
Townley, Untermyer, Dore and Cohn, JJ., concur; Martin, P. J., concurs in result.
Order unanimously reversed and the petition dismissed.
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Cite This Page — Counsel Stack
247 A.D. 192, 286 N.Y.S. 585, 1936 N.Y. App. Div. LEXIS 8217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/costa-v-costa-nyappdiv-1936.