Dellaripa v. Dellaripa

In a support proceeding pursuant to article 4 of the Family Court Act, the petitioner appeals from an order of the Family Court, Westchester County, dated November 25, 1977, which granted respondent’s motion to dismiss the petition. Order reversed, on the law, without costs or disbursements, and motion denied. The Family Court held, as a matter of law, that it had no jurisdiction to consider the support petition of a wife who was not a public charge when it appeared that she was living with her husband and their minor child in the same house. Under section 236 of the Domestic Relations Law, a…