Sorrentino v. Sorrentino

Appellate Division of the Supreme Court of New York

Sorrentino v. Sorrentino

168 A.D.2d 454, 562 N.Y.S.2d 235, 1990 N.Y. App. Div. LEXIS 14995

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

DecidedDecember 3, 1990

StatusPublished

This text of 168 A.D.2d 454 (Sorrentino v. Sorrentino) 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

Sorrentino v. Sorrentino, 168 A.D.2d 454, 562 N.Y.S.2d 235, 1990 N.Y. App. Div. LEXIS 14995 (N.Y. Ct. App. 1990).

Pincite

Opinion

In a proceeding pursuant to Family Court Act article 8, the appeal is from an amended order of the Family Court, Kings County (Tejada, J.), dated November 30, 1988, which directed Neil Sorrentino not to exclude his adult son, the petitioner John Sorrentino, from his home.

Ordered that the amended order is reversed, on the law, with costs, and the proceeding is dismissed.

The Family Court does not possess subject matter jurisdiction to direct an adult son’s continued occupation of his father’s residence. It is well established that a parent is not required to support an emancipated child over the age of 21 years and the Family Court lacks the authority to issue any such direction. Mangano, P. J., Kunzeman, Kooper, Sullivan and Ritter, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding pursuant to Family Court Act article 8, the appeal is from an amended order of the Family Court, Kings County (Tejada, J.), dated November 30, 1988, which directed Neil Sorrentino not to exclude his adult son, the petitioner John Sorrentino, from his home.

Ordered that the amended order is reversed, on the law, with costs, and the proceeding is dismissed.

The Family Court does not possess subject matter jurisdiction to direct an adult son’s continued occupation of his father’s residence. It is well established that a parent is not required to support an emancipated child over the age of 21 years and the Family Court lacks the authority to issue any such direction. Mangano, P. J., Kunzeman, Kooper, Sullivan and Ritter, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

168 A.D.2d 454, 562 N.Y.S.2d 235, 1990 N.Y. App. Div. LEXIS 14995, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sorrentino-v-sorrentino-nyappdiv-1990.