Barnaby v. Barnaby

Appeal from an order of the Supreme Court (Ferradino, J.), entered April 4, 1995 in Saratoga County, which denied defendant’s motion to vacate an order of the Family Court for lack of subject matter jurisdiction.

Plaintiff commenced this divorce action—in which she seeks, inter alia, an award of child support—in September 1990, and issue was joined the following month. Then, in November 1991, while this action was still pending, and though no order referring the support issue had been entered, plaintiff filed a petition in Family Court requesting child support. Defendant did not challenge the…