Best v. Macklin

This is a family offense proceeding transferred to this court from the Beacon City Court on April 29, 1965.

This proceeding was transferred upon the City Court’s allegation Corona Best and Joe L. Macklin “ live in the same house; eat together; defendant has key and goes into plaintiff’s apartment every night,” and, therefore, this matter should not be treated as a third degree assault matter under the Penal Law, but transferred to the Family Court under article 8 of the Family Court Act.

Section 812 of the Family Court Act states: “ The family court has exclusive original jurisdiction * * *…