[DOWNLOAD] "Matter Frances Maneri v. Salvatore Maneri" by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Matter Frances Maneri v. Salvatore Maneri
- Author : Supreme Court of New York
- Release Date : January 12, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Such an order is not an order of disposition, from which an appeal may be taken as of right. The husband would have to seek leave to appeal (see Family Ct Act, ? 1112). Further, the husband attempted to perfect the appeal from that order by a letter to this court. Such practice is clearly improper. It would be more appropriate for the husband to seek relief pursuant to CPLR 5015 (subd [a], par 5). The husband is an articulate businessman and he initiated the proceeding now on appeal pro se. The Family Court advised him that he was entitled to an adjournment to seek counsel, but he insisted upon an immediate hearing, intending to rely on his own testimony; he did, in fact, cross-examine his adversary. He cannot now be heard to say that he was deprived of his right to counsel by the insensitivity of the Family Court (see Matter of Cardona v Perez, 28 A.D.2d 673). However, the innumerable gaps in the present record require a reversal and a new hearing. It was an abuse of discretion for the Family Court to more than triple the wifes outstanding support order on a record which does not establish the marital standard of living and any change in circumstances of the parties from the time that the outstanding support order was made (see Kover v Kover, 29 N.Y.2d 408). Further, the right to a counsel fee is one which must be proved (Brown v Brown, 31 A.D.2d 516). Also, the Family Court should have set forth the facts essential to its determination (see CPLR 4213, subd [b]; Family Ct Act, ? 165).