Giancursio v. Giancursio

The Supreme Court at a term held in and for the County of Monroe on September 9, 1959 granted a decree of separation in favor of petitioner, and incidentally to such action awarded her custody of the two infant issue of the marriage and a fixed sum for the support of all such dependents. By petition dated September 5, 1963, petitioner applied to this court for an order to modify the order of support included in such decree. The separation decree has not been revoked and is silent as to its enforcement or modification.

The respondent has moved to dismiss the proceeding, asserting that Family…