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Matter of Rosenberg v. Rosenberg

Appellate Division of the Supreme Court of New York, First Department
Oct 28, 1976
54 A.D.2d 675 (N.Y. App. Div. 1976)

Opinion

October 28, 1976


Judgment, Family Court, New York County, entered May 3, 1976, granting respondent-respondent's application to dismiss petition for lack of subject matter jurisdiction, unanimously affirmed, with $60 costs and disbursements to respondent. The parties were divorced, the separation agreement made immediately theretofore being merged into the judgment. A provision in the agreement, which therefore became part of the decree, laid enforcement jurisdiction solely in the Supreme Court. Petitioner-appellant father ceased making payments required under the agreement and the decree for care of a psychiatrically handicapped son. Respondent mother initiated a proceeding for enforcement in the Supreme Court; the father countered immediately by the instant petition to have the mother assume part of the cost (Family Ct. Act, § 461). The dismissal here reviewed followed. The dismissal was proper: another action was pending in the Supreme Court, which petitioner indeed recognized by filing a motion to dismiss; the judgment sought to be modified provided for exclusive jurisdiction in Supreme Court.

Concur — Markewich, J.P., Kupferman, Silverman, Capozzoli and Lane, JJ.


Summaries of

Matter of Rosenberg v. Rosenberg

Appellate Division of the Supreme Court of New York, First Department
Oct 28, 1976
54 A.D.2d 675 (N.Y. App. Div. 1976)
Case details for

Matter of Rosenberg v. Rosenberg

Case Details

Full title:In the Matter of ALEX J. ROSENBERG, Appellant, v. DOROTHY ROSENBERG…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 28, 1976

Citations

54 A.D.2d 675 (N.Y. App. Div. 1976)