Opinion
July 10, 1967
In a proceeding under subdivision (c) of section 466 of the Family Court to enforce the support provisions of a foreign (Mexican) decree of divorce, terminating the marriage of the parties and providing that a separation agreement, previously made by the parties was approved and should survive the decree, the former wife appeals from an order of the Family Court, Queens County, entered June 3, 1966, which dismissed her petition. Order affirmed, without costs. In our opinion, the Family Court had no jurisdiction to enforce the Mexican decree, invoked by petitioner, since the enactment of subdivision (c) of section 466 FCT of the Family Court Act (L. 1965, ch. 355) was not authorized by the Constitution of the State of New York in its provisions describing the jurisdiction of the Family Court (see Matter of Seitz v. Drogheo, 28 A.D.2d 892, decided simultaneously herewith). Ughetta, Acting P.J., Christ, Brennan and Rabin, JJ., concur; Hopkins, J., concurs in the result.