Summary
In Lebedeff v. Lebedeff (17 N.Y.2d 557), the Court of Appeals held that the Family Court had the power to make an order directing payment of child support in a USDL proceeding, although if such relief had been sought in a proceeding pursuant to article 4, the Family Court would not have had jurisdiction because the Supreme Court had earlier expressly reserved exclusive jurisdiction over child support (see, Family Ct Act § 461 [b]).
Summary of this case from Matter of Martin v. MartinOpinion
Submitted January 17, 1966
Decided February 17, 1966
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, PAUL BALSAM, J.
Leo A. Larkin, Corporation Counsel ( Seymour B. Quel and Alfred Weinstein of counsel), for appellant.
John J. Leonard for respondent.
Order of Appellate Division reversed and order of the Family Court reinstated, with costs in this court and in the Appellate Division. This is a separate special proceeding under article 3-A of the Domestic Relations Law (Uniform Support of Dependents Law), invoked by petitioner, which provides an independent source of jurisdiction conferred upon the Family Court (Family Ct. Act, § 411; see Landes v. Landes, 1 N.Y.2d 358).
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.