James Brooke v. The Family Court of the State of New York, County of Broome

James Brooke appeals from a denial of his application for a three-judge court pursuant to 28 U.S.C. § 2281 (1964). 1 On August 11, 1969, the Family Court of Broome County, New York, sentenced Brooke to three months in jail for failure to make support payments to his former wife. As is common practice in such instances, Brooke was given the opportunity to make the support payments ($15 per week, plus $5 arrears per week) in lieu of serving the sentence. Four days later plaintiff sought convocation of a three-judge federal district court to enjoin enforcement of the statute on the ground that…