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Oster v. Oster

Appellate Division of the Supreme Court of New York, Second Department
Sep 27, 1976
54 A.D.2d 584 (N.Y. App. Div. 1976)

Opinion

September 27, 1976


In a support proceeding pursuant to article 4 of the Family Court Act, the appeal is from an order of the Family Court, Westchester County, dated July 31, 1975, which, after a hearing, inter alia, directed the entry of a money judgment for arrears. Order affirmed, with costs. Appellant, who was subject to the Family Court's jurisdiction at the commencement of the support proceeding, did not escape such jurisdiction by moving to another State. Here, unlike the situation in Wasserman v Wasserman ( 43 A.D.2d 951), the Family Court had personal jurisdiction over appellant at the time he was served with notice of the present motion. Personal service within the State was therefore not a jurisdictional necessity and the personal service upon him in Connecticut did not exceed the Family Court's authority under section 154 FCT of the Family Court Act. The record indicates that the Family Court did not abuse its discretion in denying appellant's request for an adjournment; it properly denied his request to testify as to matters decided at a previous hearing, but allowed appellant to present his case relating to the issues then before the court. Hopkins, Acting P.J., Martuscello, Cohalan, Damiani and Shapiro, JJ., concur.


Summaries of

Oster v. Oster

Appellate Division of the Supreme Court of New York, Second Department
Sep 27, 1976
54 A.D.2d 584 (N.Y. App. Div. 1976)
Case details for

Oster v. Oster

Case Details

Full title:JACQUELINE OSTER, Respondent, v. IRWIN OSTER, Appellant

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

Date published: Sep 27, 1976

Citations

54 A.D.2d 584 (N.Y. App. Div. 1976)

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