Dee v. Dee

CourtNew York Domestic Relations Court
Writing for the CourtWALTEMADE
Citation9 Misc.2d 964,169 N.Y.S.2d 789
PartiesNora DEE * Petitioner, v. Vincent DEE * Respondent.
Decision Date25 October 1957

Page 789

169 N.Y.S.2d 789
9 Misc.2d 964
Nora DEE * Petitioner,
v.
Vincent DEE * Respondent.
Domestic Relations Court of City of New York, Family Court
Division, Bronx County.
Oct. 25, 1957.

Page 790

[9 Misc.2d 965] Myron C. Fox, Little Neck, for petitioner.

Hill, Sharpe & McFadden, New York City (W. Eugene Sharpe, New York City, of counsel), for respondent.

WALTEMADE, Justice.

Both the petitioner and the respondent join in seeking an order of discontinuance after both parties in person and their respective attorneys stipulated and agreed to discontinue the proceedings before the Court on the grounds that 'the parties having made satisfactory disposition

Page 791

among themselves as the matters now before the Court', while the respondent by his attorney, additionally, seeks a further order vacating an existing order on the Treasurer of the City of New York, pursuant to which the sum of Eighteen ($18) Dollars is being deducted from the respondent's semi-monthly salary of $110.57 as a civil employee.

The record of the proceedings had in the Bronx Family Court Division of this Court reveals that the initial hearing on the Petitioner's claim for support for herself and that of the child born to the parties, was held on April 5, 1955. The parties were living apart and the child resided with his mother. An order was duly made against the respondent for the support only of the child (no order for support of the petitioner-mother was made) in the amount of $18, payable semi-monthly and based on the respondent-father's semi-monthly earnings of $102. Respondent was permitted visitation with the child at stated times. The Court further ordered a psychiatric examination of both parties.

Subsequently, after a hearing on the petitioner-mother's complaint that respondent was in arrears in his payments, the original order was modified to the extent that the respondent was required to pay the accrued arrears at the rate of an additional payment of $2 semi-monthly. At a later date, upon a further complaint by the petitioner that respondent was not making prompt payments, a further order was made by the Court, pursuant to Section 132, subd. 2 of the Domestic Relations Court Act, which order directed the Treasurer of the City of New York to deduct the sum of $18 from the respondent's semi-monthly salary of $110.57 and remit said deducted amount to this Court for disbursement to the petitioner for the support and maintenance of the child only. All arrears to date were thereupon cancelled.

The Stipulation of Discontinuance signed by the parties and their attorneys was received in the mail by the Probation Department of this Court with a covering letter from the attorneys for the respondent-father. Upon submission of the papers to the Court for its action, the Court examined the files and records of [9 Misc.2d 966] the case and in view of the psychological and psychiatric reports on the parties, directed the parties and the attorneys to appear before the Court with a view to safeguarding the interests of the child by inquiring into the statement contained in the Stipulation that 'the parties having made satisfactory disposition among themselves as to the matters now before the Court.' (Emphasis supplied.) The testimony of the parties then revealed that in August of 1956, the parties had entered into a separation agreement which, among other things,...

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4 practice notes
  • Monmouth County Div. of Social Services for D.M. v. G.D.M.
    • United States
    • Superior Court of New Jersey
    • 10 Octubre 1997
    ...to support their children to the degree possible. Van Valkinburgh v. Watson, 13 Johns. 480, 7 Am.Dec. 395 (Sup.Ct.1816); Dee v. Dee, 169 N.Y.S.2d 789, 792-93, 9 Misc.2d 964, 967 (Brx.Cnty.1957) ("It is every child's birthright to be sustained and supported according to the means and station......
  • Jewett v. Jewett
    • United States
    • New York City Court
    • 10 Mayo 1974
    ...liabilities to it. '' Other cases following this same line of thought are: Kern v. Kern, 65 Misc.2d 765, 319 N.Y.S.2d 178; Dee v. Dee, 9 Misc.2d 964, 169 N.Y.S.2d 789; Brock v. Brock, 4 A.D.2d 747, 164 N.Y.S.2d 539, and Pinto v. Pinto, Dom.Rel.Ct., 91 N.Y.S.2d 124. The Courts have clearly r......
  • Hehr v. Tucker
    • United States
    • Supreme Court of Oregon
    • 29 Julio 1970
    ...Tongue, J., did not participate in the decision of this case. 1 See Warrick v. Hender, 198 So.2d 348 (Fla.Dist.Ct.App.1967); Dee v. Dee, 9 Misc.2d 964, 169 N.Y.S.2d 789 (1957); Morgan v. Morgan, 278 Ala. 461, 156 So.2d 147 (1963), and 67 C.J.S. Parent and Child §...
  • Michelle W. v. Forrest James P.
    • United States
    • New York Supreme Court Appellate Division
    • 2 Febrero 1996
    ...This fundamental principle has been protected and perpetuated in all of our courts over the years * * * " (Matter of Dee v. Dee, 9 Misc.2d 964, 967, 169 N.Y.S.2d 789; see also, Belaustegui v. Belaustegui, 85 Misc.2d 1015, 1019, 380 N.Y.S.2d 950). Here, the parties have in effect bargained a......
4 cases
  • Monmouth County Div. of Social Services for D.M. v. G.D.M.
    • United States
    • Superior Court of New Jersey
    • 10 Octubre 1997
    ...to support their children to the degree possible. Van Valkinburgh v. Watson, 13 Johns. 480, 7 Am.Dec. 395 (Sup.Ct.1816); Dee v. Dee, 169 N.Y.S.2d 789, 792-93, 9 Misc.2d 964, 967 (Brx.Cnty.1957) ("It is every child's birthright to be sustained and supported according to the means and st......
  • Jewett v. Jewett
    • United States
    • New York City Court
    • 10 Mayo 1974
    ...liabilities to it. '' Other cases following this same line of thought are: Kern v. Kern, 65 Misc.2d 765, 319 N.Y.S.2d 178; Dee v. Dee, 9 Misc.2d 964, 169 N.Y.S.2d 789; Brock v. Brock, 4 A.D.2d 747, 164 N.Y.S.2d 539, and Pinto v. Pinto, Dom.Rel.Ct., 91 N.Y.S.2d 124. The Courts have clearly r......
  • Hehr v. Tucker
    • United States
    • Supreme Court of Oregon
    • 29 Julio 1970
    ...Tongue, J., did not participate in the decision of this case. 1 See Warrick v. Hender, 198 So.2d 348 (Fla.Dist.Ct.App.1967); Dee v. Dee, 9 Misc.2d 964, 169 N.Y.S.2d 789 (1957); Morgan v. Morgan, 278 Ala. 461, 156 So.2d 147 (1963), and 67 C.J.S. Parent and Child §...
  • Michelle W. v. Forrest James P.
    • United States
    • New York Supreme Court Appellate Division
    • 2 Febrero 1996
    ...This fundamental principle has been protected and perpetuated in all of our courts over the years * * * " (Matter of Dee v. Dee, 9 Misc.2d 964, 967, 169 N.Y.S.2d 789; see also, Belaustegui v. Belaustegui, 85 Misc.2d 1015, 1019, 380 N.Y.S.2d 950). Here, the parties have in effect bargai......

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