History
  • No items yet
midpage
Costa v. Costa
247 A.D. 192
N.Y. App. Div.
1936
Check Treatment
Per Curiam.

In view of the testimony of the petitioner that she is regularly receiving ten dollars a week from the appellant and furthermore that her parents are willing that she shall five with them, it cannot be said that the petitioner “ is likely to become a public charge,” which constitutes the only basis for the exercise of jurisdiction by the Domestic Relations Court during the pendency in the Supreme Court of an action for a separation between the parties. (Dom. Rel. Ct. Act [Laws of 1933, chap. 482], § 137; Matter of Collins v. Collins, 245 App. Div. 612; Matter of Chandler v. Chandler, 241 id. 390.)

The order should be reversed and the petition dismissed.

Townley, Untermyer, Dore and Cohn, JJ., concur; Martin, P. J., concurs in result.

Order unanimously reversed and the petition dismissed.

Case Details

Case Name: Costa v. Costa
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 27, 1936
Citation: 247 A.D. 192
Court Abbreviation: N.Y. App. Div.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.