Leontitsis v. Leontitsis
| Decision Date | 02 March 1987 |
| Parties | In the Matter of Sharalynd S. LEONTITSIS, Appellant, v. Dimitrios LEONTITSIS, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Henry J. Logan, Co. Atty., White Plains (Kenneth E. Powell and Stacey L. Dolgin, of counsel), for appellant.
Before MOLLEN, P.J., and WEINSTEIN, EIBER and SULLIVAN, JJ.
MEMORANDUM BY THE COURT.
In a support proceeding pursuant to Domestic Relations Law article 3-A, the petitioner mother appeals from an order of the Family Court, Westchester County (Barone, J.), entered September 10, 1985, which granted the respondent father's motion to dismiss the proceedings.
ORDERED that the order is affirmed, without costs or disbursements.
The petitioner commenced an action for a divorce and ancillary relief in the Supreme Court, Westchester County. Thereafter, the petitioner who resides in Florida with the family's two children, commenced this proceeding under the Uniform Support for Dependents Law (Domestic Relations Law § 30, et seq.) in Florida on July 24, 1984 which proceeding was forwarded to the Family Court, Westchester County pursuant to Domestic Relations Law § 37 on August 29, 1984. The proceedings therein were adjourned several times. Meanwhile, the petitioner sought pendente lite relief in the action for a divorce and ancillary relief, and on June 26, 1985, the Supreme Court (Martin, J.), granted her, inter alia, temporary maintenance and child support.
This proceeding was next returnable on July 24, 1985, at which time the respondent moved to dismiss the proceeding because the Supreme Court had issued the order, inter alia, granting temporary maintenance and child support. The Family Court granted that motion.
Domestic Relations Law article 3-A confers jurisdiction upon the Family Court, even where the Supreme Court has provided for support in a final judgment of divorce (Domestic Relations Law § 41; Family Ct Act § 411; Lebedeff v. Lebedeff, 17 N.Y.2d 557, 268 N.Y.S.2d 323, 215 N.E.2d 506; Matter of Minch v. Minch, 117 A.D.2d 737, 498 N.Y.S.2d 462; Lanum v. Lanum, 92 A.D.2d 912, 460 N.Y.S.2d 344). However, when an action for divorce is pending, the Family Court may exercise its jurisdiction only in certain situations, such as where the Supreme Court refers an application for support to it (Family Ct Act § 464), or where the Supreme Court has not acted concerning support and the spouse is likely to need public assistance (Family Ct Act § 464)...
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