Legal Opinion

Yacov Y. v. Margaret Y.

New York City Family Court

Decided February 16, 1982PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Stanley Gartenstein, J.

One point of law and one object lesson emerge from the interstate custody dispute now before the court.

THE LAW

We hold that an order of referral from the Supreme Court of a writ of habeas corpus addressed to custodial detention on an out-of-State fugitive warrant cannot confer jurisdiction upon the Family Court. Accordingly, we respectfully decline subject matter jurisdiction over . same.

THE LESSON

The prospective incarceration of the petitioning father herein on a fugitive warrant pending extradition, regardless of the ultimate outcome of that matter,…

2Cases cited3 opinions

  1. New York Ex Rel. Halvey v. HalveySupreme Court of the United States · 1947
  2. Gomez v. GomezAppellate Division of the Supreme Court of the State of New York · 1982
  3. Stout v. PateSupreme Court of the United States · 1954

3Cited by2 opinions

  1. In re B.B.R.District of Columbia Court of Appeals · 1989
  2. Matter of BBRDistrict of Columbia Court of Appeals · 1989

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