Pattberg v. Pattberg

OPINION OF THE COURT

William R. Geiler, J.

Defendant moves for an order staying a hearing on modification of support pursuant to Domestic Relations Law §248 pending a determination as to the constitutionality and enforceability of said statute which provides in pertinent part as follows: "The court in its discretion upon application of the husband on notice, upon proof that the wife is habitually living with another man and holding herself out as his wife, although not married to such man, may modify such final judgment and any orders made with respect thereto by annulling the provisions of…