Deason v. Deason

Plaintiff and her two-year-old son are recipients of public assistance in Albany County. Their total monthly income is $220 and plaintiff owns no real property or personal property, other than household belongings. Desirous of obtaining a divorce on the ground of abandonment, the plaintiff made a motion to proceed as a poor person and to compel the County of Albany to pay certain expenses of her divorce action, including the cost of service of a summons by publication. The motion was denied by Special Term and the Appellate Division, Third Department, reversed and granted the motion.

The issue…