Rensselaer County Department of Social Services v. Cossart

Appeal from an order of the Family Court, Rensselaer County, *636directing appellant to pay the sum of $75 per week for the support of his wife and infant child. The order appealed from must be reversed. We concur in appellant’s contention that the fact that no petition for an order of support was ever filed in this proceeding rendered the Family Court without jurisdiction (Family Ct. Act, § 423). In addition we would note that there is absolutely no competent proof in the instant record as to financial needs of the wife and child (Matter of Kennedy v. De Los Reyes, 26 A D 2d 815; Matter of…