Sands v. Sands

273 A.D. 872, 76 N.Y.S.2d 914, 1948 N.Y. App. Div. LEXIS 5048

Opinion

Order of Domestic Belations Court of the City of New York (Family Court), County of Kings, directing, as amended, appellant to pay $50 a month toward the support of a grandchild, reversed on the law and the facts and the proceeding dismissed, without costs. There is no proof in this record that the child is likely to become a public charge or that its parents are without means or are unable to earn sufficient to support the child. (N. Y. City Dom. Bel. Ct. Act, § 101, subd. 2; L. 1933, ch. 482.) In the absence of such proof a grandparent, whose statutory liability is secondary (N. Y. City Dom. Bel. Ct. Act, § 101, subd. 3), may not be required to make payments for the support of such a grandchild. (Matter of LarTcin v. Larkin, 262 App. Div. 868.) Lewis, P. J., Cars-well, Johnston, Adel and Sneed, JJ., concur.