Opinion
March 27, 1936.
Appeal from Domestic Relations Court of the City of New York, Family Court Division, County of New York.
Isidore Miller of counsel [ Samuel S. Allan with him on the brief; Weisman, Quinn, Allan Spett, attorneys], for the appellant.
Arthur Bainbridge Hoff, Jr., of counsel [ Paxton Blair with him on the brief; Paul Windels, Corporation Counsel, attorney], for the respondent.
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 live 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.