Lewis v. Lewis
| Decision Date | 03 April 1958 |
| Citation | 174 N.Y.S.2d 241,4 N.Y.2d 872 |
| Parties | , 150 N.E.2d 710 Audrey LEWIS, Appellant, v. Edward LEWIS, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 5 A.D.2d 674, 168 N.Y.S.2d 473.
Proceedings were brought in the Children's Court by mother of infant children against father to obtain reasonable support for the children. An order for support was entered in the Children's Court, and the father appealed to the Supreme Court, Nassau County.
The Supreme Court, Nassau County, L. Barron Hill, J., 2 Misc.2d 849, 151 N.Y.S.2d 894, reversed the order, and the mother appealed.
The Appellate Division, 5 A.D.2d 674, 168 N.Y.S.2d 473, affirmed the order, and held that where an Alabama divorce decree had been entered incorporating provisions of New York separation agreement, and there was no evidence showing a change in conditions between time of entry of divorce decree and hearing in Children's Court such as would have authorized Alabama court to modify its decree, on ground of changed conditions, order increasing support for the children in a substantial amount was error.
The Appellate Division, 5 A.D.2d 777, 169 N.Y.S.2d 1014, denied reargument.
The Appellate Division, 5 A.D.2d 827, 170 N.Y.S.2d 1001, denied application for certification pursuant to Section 593 of the Civil Practice Act that a constitutional question was directly involved.
The mother appealed to the Court of Appeals, and the father made a motion to dismiss the appeal, and motions were made for a certificate that a constitutional question was involved and to have appeal heard on available copies of record before Appellate Division and required number of typewritten additional papers.
Motion to dismiss appeal granted and appeal dismissed upon the ground that no substantial constitutional question is involved.
Motion for a certificate that a constitutional question is involved on the appeal herein denied.
Motion to have appeal heard upon the available copies of the record before the Appellate Division and the required number of typewritten additional papers denied.
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... ... The mother's financial status is also a proper consideration for the court in making its determination (see Matter of Lewis v. Lewis, 5 A.D.2d 674, 168 N.Y.S.2d 473, mot. for rearg.den. 5 A.D.2d 777, 169 N.Y.S.2d 1014, app.dsmd. 4 N.Y.2d 872, 174 N.Y.S.2d 241, 150 N.E.2d ... ...
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...v. Lewis, 2 Misc.2d 849, 151 N.Y.S.2d 894 (1956), aff'd, 5 A.D.2d 674, 168 N.Y.S.2d 473 (1957), appeal dismissed, 4 N.Y.2d 872, 174 N.Y.S.2d 241, 150 N.E.2d 710 (1958), motion for reargument denied, 5 A.D.2d 777, 169 N.Y.S.2d 1014 (1958), motion for leave to appeal to Court of Appeals denie......