Opinion
May 1, 1936.
Appeal from Domestic Relations Court of the City of New York, Family Court Division, County of New York.
Murray Kurman, for the appellant.
Arthur Bainbridge Hoff, Jr., of counsel [ Paxton Blair with him on the brief; Paul Windels, Corporation Counsel, attorney], for the respondent.
Present — MARTIN, P.J., McAVOY, O'MALLEY, UNTERMYER and COHN, JJ.
The record contains no proof of the marriage of the parties upon which a finding may be based that defendant under the law owes petitioner support and maintenance. We are consequently unable to support the ruling made in the Domestic Relations Court, and it should be reversed and a new hearing ordered.
Order unanimously reversed and a new hearing ordered.