Legal Opinion

Tighe-Duck v. Duck

New York City Family Court

Decided January 27, 1987PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Edward J. McLaughlin, J.

When the child support provisions of a separation agreement, incorporated but not merged in a decree of divorce, are subject to arbitration, the Supreme Court in effect retains exclusive jurisdiction over the matter, since the Family Court has no jurisdiction over a proceeding concerning an arbitrable controversy. The Supreme Court may not refer to a court of limited jurisdiction any matter over which it does not have express statutory authority.

An objection to an order of the Hearing Examiner was filed with the court on December 20, 1986 by the…

2Cases cited7 opinions

  1. Brescia v. FittsNew York Court of Appeals · 1982
  2. Michaels v. MichaelsNew York Court of Appeals · 1982
  3. Borkowski v. BorkowskiAppellate Division of the Supreme Court of the State of New York · 1972
  4. Bowmer v. BowmerNew York Court of Appeals · 1980
  5. Cohn v. CohnAppellate Division of the Supreme Court of the State of New York · 1984

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3Cited by2 opinions

  1. Zuckerman v. ZuckermanAppellate Division of the Supreme Court of the State of New York · 1989
  2. Goldstein v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1996

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