Borkowski v. Borkowski

• Decision Date: 31 January 1972
• Citation: Borkowski v. Borkowski, 330 N.Y.S.2d 106, 38 A.D.2d 752 (N.Y. App. Div. 1972)
• Parties: In the Matter of Alice BORKOWSKI, Respondent-Appellant, v. Arthur BORKOWSKI, Appellant-Respondent.
• Court: New York Supreme Court — Appellate Division

Page 106

330 N.Y.S.2d 106

38 A.D.2d 752

In the Matter of Alice BORKOWSKI, Respondent-Appellant, v.Arthur BORKOWSKI, Appellant-Respondent.

Supreme Court, Appellate Division, Second Department.

Jan. 31, 1972.

Before RABIN, P.J., and HOPKINS, MARTUSCELLO, LATHAM and GULOTTA, JJ.

MEMORANDUM BY THE COURT.

In a support proceeding, (1)petitioner's husband appeals from an order of the Family Court, Richmond County, dated February 23 1971, which Inter alia directed him (a) to make certain payments for support of petitioner and the parties' child, (b) to turn over $3,000 to petitioner and (2) to maintain the parties' marital permises; and (3)petitioner appeals from a further order of the same court dated June 10, 1971 which denied her motion for reargument of the proceeding.

Appeal by petitioner dismissed, without costs.An order denying reargument is not appealable (Pagliero v. Baffa, 22 A.D.2d 920, 255 N.Y.S.2d 571).

Order dated February 23, 1971 reversed, on the law, without costs, and proceeding remanded to the Family Court for reconsideration.

Insofar as the Family Court directed appellant to turn over to his wife certain monies representing her one-half interest in a joint bank account and further directed him to continue making mortgage payments on the parties' marital premises while awarding him exclusive possession, the court exceeded its jurisdiction.The Family Court is a court of limited jurisdiction and cannot exercise powers beyond those...