(DOWNLOAD) "Matter Rensselaer County Department Social Services on Behalf Sheryl Cossart v. Arthur Cossart" by Supreme Court of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Matter Rensselaer County Department Social Services on Behalf Sheryl Cossart v. Arthur Cossart
- Author : Supreme Court of New York
- Release Date : January 15, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
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[38 A.D.2d 635 Page 636] We concur in appellant's contention that the fact that no petition for an order of support was ever filed in this proceeding
rendered the Family Court without jurisdiction (Family Ct. Act, 423). In addition we would note that there is absolutely
no competent proof in the instant record as to financial needs of the wife and child (Matter of Kennedy v. De Los Reyes, 26
A.D.2d 815; Matter of Silvestris v. Silvestris, 24 A.D.2d 247). The wife did not testify as to her needs or those of the child.
The only basis for the award made is the unsworn statement made by the attorney for the Department of Social Services in the
course of colloquy between the court and counsel that respondent's public assistance budget was $325 per month. This, of course,
does not constitute legal evidence. Moreover, it is contrary to the wife's unsworn statement that she was receiving $56 per
week, $26 from the Department of Social Services and $30 from appellant. Accordingly, this proceeding must be remanded to
the Rensselaer County Family Court with direction that a proper support proceeding be initiated and conducted so as to resolve
all the issues here in dispute.