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[DOWNLOAD] "Barbara Pap v. Leo Pap" by Supreme Court of New York # Book PDF Kindle ePub Free

Barbara Pap v. Leo Pap

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eBook details

  • Title: Barbara Pap v. Leo Pap
  • Author : Supreme Court of New York
  • Release Date : January 25, 1976
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

[51 A.D.2d 1091 Page 1091] The petitioner was granted a divorce from the appellant by the Supreme Court, Ulster County, in a decree dated June 29, 1972. The decree provided that the appellant shall not be required to support the [petitioner]. At Special Term, January 5, 1973, petitioner moved for an order modifying the divorce decree to provide for alimony and counsel fees for the proceeding. Special Term determined that, pursuant to section 236 of the Domestic Relations Law, it had the power to grant the relief sought and that, pursuant to section 464 of the Family Court Act, it had the authority to refer to that court the application for permanent support. The matter was referred to the Family Court of Ulster County or the Family Court of such other county having appropriate jurisdiction. The order referring the case was dated March 17, 1973. No appeal was taken from that order. Thereafter, the Family Court of Ulster County rendered a decision dated January 31, 1974 upon which the order appealed from was entered. At the outset, it is noted that the order appealed from has been complied with and restitution of payments made is not sought. While it is contended by the petitioner that these facts render this appeal moot, we conclude that a determination should be made to put at rest the question of whether petitioner may make applications in the future to compel appellant to make support payments to her. Section 236 of the Domestic Relations Law provides, in part: In any action * * * for a divorce, the court may direct the husband to provide suitably for the support of the wife * * * . Upon the application of either the husband or the wife, upon such notice to [51 A.D.2d 1091 Page 1092]


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