Legal Opinion

Roy v. Roy

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

Decided July 3, 1985PublishedCited by 21 opinions

1Opinion of the Court

OPINION OF THE COURT

Casey, J.

The dispositive issue in this appeal is whether Family Court is divested of subject matter jurisdiction over a properly commenced support proceeding when petitioner thereafter commences a matrimonial action in Supreme Court while the support proceeding is pending in Family Court. We hold that the commencement of the subsequent matrimonial action does not *151divest Family Court of subject matter jurisdiction and that, therefore, its order of support is not void.

By petition dated December 21, 1983, petitioner sought an order of support pursuant to Family Court Act…

2Cases cited13 opinions

  1. Kagen v. KagenNew York Court of Appeals · 1968
  2. Kleila v. KleilaNew York Court of Appeals · 1980
  3. Colson v. PelgramNew York Court of Appeals · 1932
  4. Mouscardy v. MouscardyAppellate Division of the Supreme Court of the State of New York · 1978
  5. Rensselaer County Department of Social Services v. CossartAppellate Division of the Supreme Court of the State of New York · 1971

8 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. O'Connor v. O'ConnorAppellate Division of the Supreme Court of the State of New York · 1989
  2. Poliandro v. PoliandroAppellate Division of the Supreme Court of the State of New York · 1986
  3. H.M. v. E.T.Appellate Division of the Supreme Court of the State of New York · 2009
  4. V.C. v. H.C.Appellate Division of the Supreme Court of the State of New York · 1999
  5. James P. W. v. Eileen M. W.Appellate Division of the Supreme Court of the State of New York · 1988

16 more not listed; retrieve them via the Exa API.

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