Legal Opinion

Childs v. Childs

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

Decided July 11, 1979PublishedCited by 34 opinions

1Opinion of the Court

OPINION OF THE COURT

O’Connor, J. P.

We are called upon by the Supreme Court of the United States to review a previous decision of this court in light of Orr v Orr (440 US 268; see Childs v Childs, 60 AD2d 639, mot to dismiss app granted 43 NY2d 946, remanded 440 US 952). This in turn requires us to test the constitutionality of section 237 of the Domestic Relations Law under a post-Orr light. We hold that the statute is constitutional insofar as it authorizes the trial court to award counsel fees to either party on a gender-neutral, needs-only basis. We further hold that this construction of…

2Cases cited44 opinions

  1. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  2. Craig v. BorenSupreme Court of the United States · 1976
  3. Reed v. ReedSupreme Court of the United States · 1971
  4. Frontiero v. RichardsonSupreme Court of the United States · 1973
  5. Henry v. MississippiSupreme Court of the United States · 1965

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3Cited by34 opinions

  1. People v. LibertaNew York Court of Appeals · 1984
  2. Martin v. MartinAppellate Division of the Supreme Court of the State of New York · 1980
  3. Greschler v. GreschlerAppellate Division of the Supreme Court of the State of New York · 1979
  4. People v. SantorelliNew York Court of Appeals · 1992
  5. Palmer v. PalmerAppellate Division of the Supreme Court of the State of New York · 1980

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

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