Anonymous v. Anonymous

Upon oral argument (and memorandum of law) following referral to the undersigned, counsel for the respondent has narrowed his objections herein to but one contention, viz.; the within petition, he urges, should be dismissed inasmuch as section 461 of the Family Court Act, effective September 1, 1962, is inapplicable to a decree of the Supreme Court (of New York County) entered prior to such date.

Respondent relies heavily on Matter of Giancursio v. Giancursio (42 Misc 2d 868). Plainly, the Giancursio decision is a relevant holding in support of respondent’s argument; plainly, however, the…