Raffone v. Raffone

CourtNew York Domestic Relations Court
Writing for the CourtGEORGE A. TIMONE
Citation193 N.Y.S.2d 206,20 Misc.2d 733
Decision Date16 November 1959
PartiesTraute RAFFONE, Petitioner, v. John RAFFONE, Respondent.

Page 206

193 N.Y.S.2d 206
20 Misc.2d 733
Traute RAFFONE, Petitioner,
v.
John RAFFONE, Respondent.
Domestic Relations Court of City of New York New York
County, Family Court Division, Central Trial Part.
Nov. 16, 1959.

Page 207

Landy, Cahn & Gold, New York City, for petitioner.

Benjamin Herdes, New York City, for respondent.

[20 Misc.2d 734] GEORGE A. TIMONE, Justice.

At this preliminary hearing limited to jurisdictional questions, the facts essential to a decision only on these questions are uncontroverted. The

Page 208

respondent puts in issue the Court's jurisdiction with respect to residential requirements as well as to subject matter.

Prior to January 1959 the parties and their child resided in Schenectady, New York. In that month respondent obtained a position in New York City, remaining at a hotel in this city during the week and returning to his Schenectady home on week-ends. On the week-end of October 4th the parties separated and the respondent removed the child from petitioner's Schenectady home. On October 6th petitioner removed the child from the vicinity of the home of respondent's mother in Jersey City and returned with her to Schenectady. That same evening the respondent again removed the child from petitioner's home. The respondent moved from his hotel residence in New York City to Jersey City on or about October 14th. On October 9th while respondent was still a resident of New York City, the petitioner, who still resides in Schenectady, New York, appeared in this Court and instituted this proceeding which was then for the support of a wife only. On the return date of the proceeding she amended her petition so as to request support only for the child of the parties.

The respondent's contention as to residential jurisdiction is not sustained. Since the respondent resided in this city 'at the time of the filing of the petition for support' the residential requirements of Section 103, subd. 1(a) are met, and it matters not that the respondent has since moved to Jersey City where the child also presently lives with her paternal grandmother and in close proximity to respondent's residence and under his supervision.

We come now to the jurisdictional question involving subject matter. The Domestic Relations Court is a court of limited jurisdiction with only such powers as are expressly granted by statute. Cheney v. Cheney, 255 App.Div. 302, 5 N.Y.S.2d 744; Ahearn v. Ahearn, 4 Misc.2d 1043, 158 N.Y.S.2d 848; Grossman, N. Y....

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3 practice notes
  • Loeb v. Loeb
    • United States
    • New York Supreme Court Appellate Division
    • October 24, 1961
    ...Family Court is a court of limited jurisdiction and it cannot exercise powers beyond those granted to it by statute (Raffone v. Raffone, 20 Misc.2d 733, 734, 193 N.Y.S.2d 206, 208; Ahearn v. Ahearn, 4 Misc.2d 1043, 1045, 158 N.Y.S.2d 848, 850; 'Harrison' v. 'Harrison', 202 Misc. 19, 21, 108......
  • Sharon W. v. Charles L.
    • United States
    • New York Family Court
    • August 20, 1976
    ...Relations Court could have issued an order of protection as long as an order of support would have been justified, Raffone v. Raffone, 20 Misc.2d 733, 193 N.Y.S.2d 206 (1959); Kinsey v. Lawrence, Dom.Rel.Ct., 100 N.Y.S.2d 597 (1950). The only qualification made on this has been that the pow......
  • People of State of New York ex rel. Burke v. Burke
    • United States
    • New York County Court
    • August 11, 1965
    ...6 Civ.Proc.R. 299; People ex rel. Ward v. Ward, 1879, 59 How.Prac. 174. As stated by Timone, J., in Matter of Raffone v. Raffone, 1959, 20 Misc.2d 733, 735, 193 N.Y.S.2d 206: 'The general jurisdiction to determine which parent shall have custody of a child, either as an incident to a matrim......
3 cases
  • Loeb v. Loeb
    • United States
    • New York Supreme Court Appellate Division
    • October 24, 1961
    ...Family Court is a court of limited jurisdiction and it cannot exercise powers beyond those granted to it by statute (Raffone v. Raffone, 20 Misc.2d 733, 734, 193 N.Y.S.2d 206, 208; Ahearn v. Ahearn, 4 Misc.2d 1043, 1045, 158 N.Y.S.2d 848, 850; 'Harrison' v. 'Harrison', 202 Misc. 19, 21, 108......
  • Sharon W. v. Charles L.
    • United States
    • New York Family Court
    • August 20, 1976
    ...Relations Court could have issued an order of protection as long as an order of support would have been justified, Raffone v. Raffone, 20 Misc.2d 733, 193 N.Y.S.2d 206 (1959); Kinsey v. Lawrence, Dom.Rel.Ct., 100 N.Y.S.2d 597 (1950). The only qualification made on this has been that the pow......
  • People of State of New York ex rel. Burke v. Burke
    • United States
    • New York County Court
    • August 11, 1965
    ...6 Civ.Proc.R. 299; People ex rel. Ward v. Ward, 1879, 59 How.Prac. 174. As stated by Timone, J., in Matter of Raffone v. Raffone, 1959, 20 Misc.2d 733, 735, 193 N.Y.S.2d 206: 'The general jurisdiction to determine which parent shall have custody of a child, either as an incident to a matrim......

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