136 N.Y.S. 679 | N.Y. App. Div. | 1912
This proceeding was brought in the Domestic Relations Court of the city of New York to compel defendant to support his wife. He married her in Russia in 1910, and, after living with her a short time, abandoned her and came to this country. Two years later she voluntarily and by means procured solely through her own efforts followed him. They are both now residing separate and apart in New York city. She has no means, and since her arrival has asked him to support her, which he has refused to do. He has never paid or contributed anything towards her support since the abandonment, and she is now in danger of becoming a charge upon the public.
The complaint originally charged defendant with having abandoned his wife in the city of New York. He was found guilty, but on appeal to the Court of General Sessions it was
The only question raised by the appeal is whether, the abandonment having originally taken place outside the State of New York, the proceeding may be maintained, notwithstand: ing both parties are now residing in the city of New York, and she is in danger of becoming a burden on the public. The Consolidation Act (Laws.of 1882, chap. 410, § 1455, as amd. by Laws of 1897, chap. 667) provided that “Every person who shall threaten to abandon or Who shall have actually abandoned his family, wife or child in the city of New York, or any other place, without adequate support ” was a disorderly person and liable to such a proceeding as the present one. But that section was repealed by the Greater New York charter as enacted in 1901 (Laws of 1901,. chap. 466), if not as enacted in 1897 (Laws of 1897, chap. 378). " Section 1608 of the charter as enacted in 1901 expressly repealed the Consolidation Act and statutes amendatory thereto, “ so far as the subject matter thereof is revised or included in this act:” Sections 685-690 of the charter (as amd.) contain specific provisions covering abandonment, and the remedy therefor. The authority, therefore, for the maintenance of the present proceeding must be found, if at all, not in the Consolidation Act but in the charter.
The charter (§ 685)
The husband and wife are now residing in the city of New York. She has no means and is unable to support herself. She has asked her husband to support her and he has refused. She must be supported by'someone, if not by the husband, then by the public. By his refusal, therefore, he has brought himself within both the letter and spirit of the statute. He is “in The City of New York” and is leaving his wife “in danger of becoming a burden upon the public.”
The view thus taken of the statute, it is true, is somewhat in conflict with the view expressed in People v. Crouse (86 App. Div. 352). .There, it seems to me the main purpose of the statute was overlooked, viz., the public interest. The burden upon the city is precisely the same if it supports a wife, whether the abandonment took place in the city or outside of it. Under the statute, as I read it, where both the husband and wife are residing in the city and he refuses to support her, by reason of which she is in danger of becoming a burden upon the public, then he may be proceeded against and it is of no importance where the abandonment originally took place, because his refusal in the city to support her may be treated, so far as the city is concerned, either as an abandonment or leaving her.
This view is sustained by People ex rel. Lichtenstein v. Hodgson (126 N. Y. 647). There, a proceeding was brought
The judgment appealed from, therefore, should be affirmed.
Ingraham, P. J., Laughlin, Clarke and Scott, JJ., concurred.
Judgment and order affirmed.
This section has been since amended by chapter 420 of the Laws of 1912.—[Rep.
This section has been since amended by chapter 419 of the Laws of 1912.— [Rep.