Legal Opinion

Smith v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided June 18, 1979PublishedCited by 9 opinions

1Opinion of the Court

— In a support proceeding, the appeal is from an order of the Family Court, Dutchess County, dated May 3, 1978, which directed the appellant to pay the sum of $94 per month toward "the support of his wife only” to the Dutchess County Department of Social Services. Order reversed, without costs or disbursements, and matter remitted to Family Court for a hearing in accordance herewith. In a support proceeding, pursuant to section 415 of the Family Court Act, the petitioner has the burden of proving that the person on whose behalf support payments are sought is a recipient of public assistance,…

2Cases cited3 opinions

  1. Rensselaer County Department of Social Services v. CossartAppellate Division of the Supreme Court of the State of New York · 1971
  2. Whalen v. DownsAppellate Division of the Supreme Court of the State of New York · 1960
  3. Dumpson v. CembalistAppellate Division of the Supreme Court of the State of New York · 1965

3Cited by9 opinions

  1. Eason v. EasonAppellate Division of the Supreme Court of the State of New York · 1982
  2. Toft ex rel. Beavers v. BeaversAppellate Division of the Supreme Court of the State of New York · 1986
  3. Roseann R. v. William R.New York City Family Court · 1983
  4. Department of Social Services v. Richard A.Appellate Division of the Supreme Court of the State of New York · 1988
  5. Department of Social Services ex rel. Joseph M. v. Barbara M.New York City Family Court · 1984

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