Legal Opinion
Lydon v. Lydon
New York Family Court
Decided September 30, 1981PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Edward J. McLaughlin, J.
Envisioned as an experimental court* the Family Court has evolved as a court which must eschew the experimental approach and adhere to its statutorily enunciated powers. (Matter of Lorie C., 49 NY2d 161; Walker v Buscaglia, 71 AD2d 315.) When there is no statutory procedure prescribed by the Family Court Act, the CPLR applies. (Family Ct Act, § 164.) Where, as here, the petitioner has bound herself in a legally binding contract, this court is precluded from granting relief. The Family Court has no powers of equity.
A petition to modify an order made…
2Cases cited10 opinions
- Boden v. BodenNew York Court of Appeals · 1977
- In re Lorie C.New York Court of Appeals · 1980
- Walker v. BuscagliaAppellate Division of the Supreme Court of the State of New York · 1979
- Gauthier v. GabelNew York Supreme Court · 1964
- Gauthier v. GabelNew York Court of Appeals · 1965
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3Cited by2 opinions
- Ettore I. v. Angela D.New York City Family Court · 1985
- In re JenniferNew York City Family Court · 1989