Summary
In LaPiana v. LaPiana, (67 A.D.2d 966 (2d Dep't 1979)), the Supreme Court, Appellate Division held that the Family Court did not have jurisdiction to proceed in a support matter, where there was a matter pending in Supreme Court.
Summary of this case from In the Matter of James A.T. v. Denise M.TOpinion
February 20, 1979
In a support proceeding pursuant to article 4 of the Family Court Act, the husband appeals from an order of the Family Court, Westchester County, dated May 5, 1978, which directed that he pay petitioner $50 per week support and a counsel fee of $750. Order reversed, on the law, without costs or disbursements, and petition dismissed. The Family Court did not have jurisdiction to entertain the petition herein because there was pending a Supreme Court action brought by petitioner for a separation (see Family Ct Act, § 464; Matter of Lo Casto v. Lo Casto, 45 A.D.2d 712; see, also, CPLR 3217; Matter of Lopez v. Lopez, 63 Misc.2d 252; McKay v. McKay, 82 Misc.2d 929). The record did not justify application of the public assistance exception (see Matter of Lopez v. Lopez, supra; McKay v. McKay, supra). Titone, J.P., Suozzi, O'Connor and Lazer, JJ., concur.