Buscaglia ex rel. Tutko v. Tutko

Order unanimously reversed, without costs, and matter remitted to Erie County Family Court for further proceedings, in accordance with the following memorandum: The petition seeks an order of support pursuant to article 4 of the Family Court Act. Respondent informed the court that he was willing to support his wife but would not support her children of a prior marriage because he was separated from her, and the children were in her custody. The court, without a hearing, directed that respondent pay $99.35 per month for the support of his wife, but found that respondent was not liable for the…