In re the Accounting of Daniels

Appellate Division of the Supreme Court of New York

In re the Accounting of Daniels

275 A.D.2d 890

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

DecidedMay 11, 1949

StatusPublished

This text of 275 A.D.2d 890 (In re the Accounting of Daniels) 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.

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In re the Accounting of Daniels, 275 A.D.2d 890 (N.Y. Ct. App. 1949).

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Opinion

Memorandum: The evidence clearly establishes that for some time prior to the divorce decree the respondent had neglected and refused to provide for his child during infancy and had abandoned her. The Surrogate found upon ample evidence that such neglect continued until June, 1947. During that month, the respondent paid $7.50 a week for the support of the child for a period of four weeks pursuant to an order of the Monroe County Children’s Court. The compulsory payment of $7.50 for a period of four weeks under order of the Children’s Court did not constitute a resumption of the “ parental relationship and duties ” within the purview of the statute. [Decedent Estate Law, § 87, subd. (e); § 133, subd. 4, par. (e).] He is therefore deprived of a distributive share of the damages in the hands of the administrator. All concur. (The decree settles the accounts of an administratrix.) Present — Taylor, P. J., MeCurn, Love, Kimball and Piper, JJ. [193 Misc. 862.]

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Memorandum: The evidence clearly establishes that for some time prior to the divorce decree the respondent had neglected and refused to provide for his child during infancy and had abandoned her. The Surrogate found upon ample evidence that such neglect continued until June, 1947. During that month, the respondent paid $7.50 a week for the support of the child for a period of four weeks pursuant to an order of the Monroe County Children’s Court. The compulsory payment of $7.50 for a period of four weeks under order of the Children’s Court did not constitute a resumption of the “ parental relationship and duties ” within the purview of the statute. [Decedent Estate Law, § 87, subd. (e); § 133, subd. 4, par. (e).] He is therefore deprived of a distributive share of the damages in the hands of the administrator. All concur. (The decree settles the accounts of an administratrix.) Present — Taylor, P. J., MeCurn, Love, Kimball and Piper, JJ. [193 Misc. 862.]

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275 A.D.2d 890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-daniels-nyappdiv-1949.

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