Palo v. Palo

Appellate Division of the Supreme Court of New York

Palo v. Palo

257 A.D. 1073, 14 N.Y.S.2d 994, 1939 N.Y. App. Div. LEXIS 9121

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

DecidedSeptember 20, 1939

StatusPublished

This text of 257 A.D. 1073 (Palo v. Palo) 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

Palo v. Palo, 257 A.D. 1073, 14 N.Y.S.2d 994, 1939 N.Y. App. Div. LEXIS 9121 (N.Y. Ct. App. 1939).

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Opinion

Appeal from an order of the Domestic Relations Court of the City of Hew York (Family Court), County of Kings, dated April 6, 1939, directing appellant to pay eight dollars weekly, beginning April 8, 1939, for the support of the dependent named in the petition and the four youngest children, until further order of the court; and from a further order of said court dated the same day ordering and directing appellant, for a period of six months, to stay away from the home of his wife and children, to abstain from offensive conduct to his wife and children and to visit the children at a time and place designated by the probation officer assigned to the case. Orders affirmed. Ho opinion. Hagarty, Carswell, Adel and Taylor, JJ., concur; Lazansky, P. J., concurs for affirmance of order providing for support of dependents but votes to modify the order of protection by striking out that part which directs appellant to “ stay away from the home of the wife * * * at 327 2nd Street,” which is the established home of the family, and, as so modified, to affirm, being of opinion that article VI, section 18, of the Constitution of the State of New York does not empower the Domestic Relations Court to separate man and wife.

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Appeal from an order of the Domestic Relations Court of the City of Hew York (Family Court), County of Kings, dated April 6, 1939, directing appellant to pay eight dollars weekly, beginning April 8, 1939, for the support of the dependent named in the petition and the four youngest children, until further order of the court; and from a further order of said court dated the same day ordering and directing appellant, for a period of six months, to stay away from the home of his wife and children, to abstain from offensive conduct to his wife and children and to visit the children at a time and place designated by the probation officer assigned to the case. Orders affirmed. Ho opinion. Hagarty, Carswell, Adel and Taylor, JJ., concur; Lazansky, P. J., concurs for affirmance of order providing for support of dependents but votes to modify the order of protection by striking out that part which directs appellant to “ stay away from the home of the wife * * * at 327 2nd Street,” which is the established home of the family, and, as so modified, to affirm, being of opinion that article VI, section 18, of the Constitution of the State of New York does not empower the Domestic Relations Court to separate man and wife.

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Bluebook (online)

257 A.D. 1073, 14 N.Y.S.2d 994, 1939 N.Y. App. Div. LEXIS 9121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palo-v-palo-nyappdiv-1939.