Legal Opinion

Brentrup v. Culkin

New York Supreme Court

Decided February 27, 1996PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

David B. Saxe, J.

The cross motion by respondent, seeking dismissal of those *212branches of petitioner’s application which seek child support and related relief, is granted.

No case law exists supporting the proposition propounded by petitioner, to the effect that Domestic Relations Law § 240 applies to proceedings involving children of unmarried parents. Indeed, Pierot v Pierot (49 AD2d 838 [1st Dept 1975]) holds that Domestic Relations Law §§ 236 and 237 are inapplicable where the parties are unmarried. Therefore, the only authority under which this court may award child…

2Cases cited4 opinions

  1. Rensselaer County Department of Social Services v. CossartAppellate Division of the Supreme Court of the State of New York · 1971
  2. Pierot v. PierotAppellate Division of the Supreme Court of the State of New York · 1975
  3. Goldman v. GoldmanNew York Supreme Court · 1986
  4. Mesick v. MesickAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by3 opinions

  1. Hall v. Broome County Support Collection UnitNew York City Family Court · 1996
  2. M.R. v. A.D.New York Supreme Court · 2012
  3. Matter of Balber v. ZealandAppellate Division of the Supreme Court of the State of New York · 2019

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