Dellaripa v. Dellaripa

Appellate Division of the Supreme Court of New York

Dellaripa v. Dellaripa

62 A.D.2d 1036, 404 N.Y.S.2d 36, 1978 N.Y. App. Div. LEXIS 11106

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

DecidedApril 17, 1978

StatusPublished

Cited by4 cases

This text of 62 A.D.2d 1036 (Dellaripa v. Dellaripa) 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

Dellaripa v. Dellaripa, 62 A.D.2d 1036, 404 N.Y.S.2d 36, 1978 N.Y. App. Div. LEXIS 11106 (N.Y. Ct. App. 1978).

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Opinion

In a support proceeding pursuant to article 4 of the Family Court Act, the petitioner appeals from an order of the Family Court, Westchester County, dated November 25, 1977, which granted respondent’s motion to dismiss the petition. Order reversed, on the law, without costs or disbursements, and motion denied. The Family Court held, as a matter of law, that it had no jurisdiction to consider the support petition of a wife who was not a public charge when it appeared that she was living with her husband and their minor child in the same house. Under section 236 of the Domestic Relations Law, a court may direct support in an appropriate case even when the parties are occupying the same abode. While that section specifically applies to matrimonial actions, it expresses the policy of this State with respect to support orders and may be used by the Family Court in the context of a support proceeding otherwise properly before it (Matter of Steinberg v Steinberg, 18 NY2d 492). This court has long held the view that the fact that two parties live under the same roof does not itself preclude the making of a support order (see LowenGsh v Lowenñsh, 278 App Div 716). While it may ultimately appear that no order of support is warranted in this case, such a determination can only be made after the facts have been developed at a hearing on the merits. Damiani, J. P., Titone, Suozzi and Rabin, JJ., concur.

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In a support proceeding pursuant to article 4 of the Family Court Act, the petitioner appeals from an order of the Family Court, Westchester County, dated November 25, 1977, which granted respondent’s motion to dismiss the petition. Order reversed, on the law, without costs or disbursements, and motion denied. The Family Court held, as a matter of law, that it had no jurisdiction to consider the support petition of a wife who was not a public charge when it appeared that she was living with her husband and their minor child in the same house. Under section 236 of the Domestic Relations Law, a court may direct support in an appropriate case even when the parties are occupying the same abode. While that section specifically applies to matrimonial actions, it expresses the policy of this State with respect to support orders and may be used by the Family Court in the context of a support proceeding otherwise properly before it (Matter of Steinberg v Steinberg, 18 NY2d 492). This court has long held the view that the fact that two parties live under the same roof does not itself preclude the making of a support order (see LowenGsh v Lowenñsh, 278 App Div 716). While it may ultimately appear that no order of support is warranted in this case, such a determination can only be made after the facts have been developed at a hearing on the merits. Damiani, J. P., Titone, Suozzi and Rabin, JJ., concur.

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Bluebook (online)

62 A.D.2d 1036, 404 N.Y.S.2d 36, 1978 N.Y. App. Div. LEXIS 11106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dellaripa-v-dellaripa-nyappdiv-1978.

Opinion

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