Loeb v. Loeb

CourtNew York Supreme Court Appellate Division
Writing for the CourtPER CURIAM
Citation14 A.D.2d 270,220 N.Y.S.2d 579
Decision Date24 October 1961
PartiesLena LOEB, Petitioner-Respondent, v. Richard LOEB, Respondent-Appellant.

Page 579

220 N.Y.S.2d 579
14 A.D.2d 270
Lena LOEB, Petitioner-Respondent,
v.
Richard LOEB, Respondent-Appellant.
Supreme Court, Appellate Division, First Department.
Oct. 24, 1961.

Page 580

Marvin L. Levitt, New York City (Melvin J. Katz, New York City, on the brief), for respondent-appellant.

Robert L. Ellis, New York City, of counsel (Seymour B. Quel, New York City, on the brief; Leo A. Larkin, New York City Corporation Counsel) for petitioner-respondent.

Before BOTEIN, P. J., and BREITEL, RABIN, VALENTE, and EAGER, JJ.

PER CURIAM.

Respondent-husband appeals from an order of the Domestic Relations Court which directed him to pay $1,210 for proposed necessary dental expenses on behalf of his wife.

The parties were married in 1947; and, in 1956, the wife obtained an order in the Domestic Relations Court requiring the husband to pay $50 per week on a means basis. Thereafter, in April, 1960, the wife moved to compel the husband to provide necessary dental care for her. After a hearing, it was found that the recommended dental program was necessary and that the reasonable cost would be $1,210.

In our opinion, the Family Court Division of the Domestic Relations Court of the City of New York had no jurisdiction to make the order appealed from. Section 91 of the Domestic Relations Court Act gives the Family Court jurisdiction to hear and determine all proceedings to compel the support of a wife, child or poor relative. Section 92 of the Act provides:

' § 92. Powers

'In the exercise of its jurisdiction the court shall have power

'(1) To order support of a wife or child or both, irrespective of whether either is likely to become a public charge, as justice requires having due regard to the circumstances of the respective parties.

[14 A.D.2d 271] '(2) To include in the requirements of an order for support the providing of necessary shelter, food, clothing, care, medical attention, expenses of confinement, the expense of educating his child, the payment of funeral expenses, and other proper and reasonable expenses.

Page 581

'(3) To require of persons legally chargeable with the support of a wife, child or poor relative and who are possessed of sufficient means or who are able to earn such means, the payment weekly, or at other fixed periods, of a fair and reasonable sum for such support, or as a contribution towards such support, according to the means of the persons so chargeable; provided, however, that the amount that the court may...

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11 practice notes
  • Pearson v. Pearson
    • United States
    • New York Supreme Court — Appellate Division
    • 20 Mayo 1985
    ...exercise powers beyond those granted to it by statute (Matter of Borkowski v. Borkowski, 38 A.D.2d 752, 330 N.Y.S.2d 106; Loeb v. Loeb, 14 A.D.2d 270, 220 N.Y.S.2d 579). Pursuant to Family Court Act § 466(c), the Family Court's power to enforce or modify is limited to cases where there is a......
  • Patrick P., Matter of
    • United States
    • New York Family Court
    • 22 Enero 1976
    ...is acknowledged to be a court of limited jurisdiction which cannot exercise powers beyond those granted to it by statute (Loeb v. Loeb, 14 A.D.2d 270, 220 N.Y.S.2d 579; Matter of Borkowski, 38 A.D.2d 752, 330 N.Y.S.2d 106; Hunter v. Hunter, 41 A.D.2d 772, 341 N.Y.S.2d 953; Matter of Infanto......
  • Proceeding for Support Under Article 4 of Family Court Act, Matter of
    • United States
    • New York Family Court
    • 28 Marzo 1977
    ...whose powers and jurisdiction are limited to those expressly granted to it by the Constitution and laws of New York State. (Loeb v. Loeb, 14 A.D.2d 270, 220 N.Y.S.2d 579; Matter of Burns v. Burns, 53 Misc.2d 484, 278 N.Y.S.2d 669.) Consequently, in a support proceeding, not incident to a ma......
  • Hunter v. Hunter
    • United States
    • New York Supreme Court Appellate Division
    • 26 Marzo 1973
    ...only those powers conferred upon it by statute (Matter of Borkowski v. Borkowski, 38 A.D.2d 752, 330 N.Y.S.2d 106; Loeb v. Loeb, 14 A.D.2d 270, 220 N.Y.S.2d 579). If no prior order of that court is outstanding, the grant of an out-of-State divorce in an action in which the wife did not appe......
  • Request a trial to view additional results
11 cases
  • Pearson v. Pearson
    • United States
    • New York Supreme Court — Appellate Division
    • 20 Mayo 1985
    ...exercise powers beyond those granted to it by statute (Matter of Borkowski v. Borkowski, 38 A.D.2d 752, 330 N.Y.S.2d 106; Loeb v. Loeb, 14 A.D.2d 270, 220 N.Y.S.2d 579). Pursuant to Family Court Act § 466(c), the Family Court's power to enforce or modify is limited to cases where there is a......
  • Patrick P., Matter of
    • United States
    • New York Family Court
    • 22 Enero 1976
    ...is acknowledged to be a court of limited jurisdiction which cannot exercise powers beyond those granted to it by statute (Loeb v. Loeb, 14 A.D.2d 270, 220 N.Y.S.2d 579; Matter of Borkowski, 38 A.D.2d 752, 330 N.Y.S.2d 106; Hunter v. Hunter, 41 A.D.2d 772, 341 N.Y.S.2d 953; Matter of Infanto......
  • Proceeding for Support Under Article 4 of Family Court Act, Matter of
    • United States
    • New York Family Court
    • 28 Marzo 1977
    ...whose powers and jurisdiction are limited to those expressly granted to it by the Constitution and laws of New York State. (Loeb v. Loeb, 14 A.D.2d 270, 220 N.Y.S.2d 579; Matter of Burns v. Burns, 53 Misc.2d 484, 278 N.Y.S.2d 669.) Consequently, in a support proceeding, not incident to a ma......
  • Hunter v. Hunter
    • United States
    • New York Supreme Court Appellate Division
    • 26 Marzo 1973
    ...only those powers conferred upon it by statute (Matter of Borkowski v. Borkowski, 38 A.D.2d 752, 330 N.Y.S.2d 106; Loeb v. Loeb, 14 A.D.2d 270, 220 N.Y.S.2d 579). If no prior order of that court is outstanding, the grant of an out-of-State divorce in an action in which the wife did not appe......
  • Request a trial to view additional results

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