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MATTER OF STEINBERG v. STEINBERG

18 N.Y.2d 492 (1966)

In the Matter of Beatrice Steinberg, Respondent, v. Louis G. Steinberg, Appellant.

Court of Appeals of the State of New York.

Decided December 29, 1966.

Attorney(s) appearing for the Case

Samuel L. Nadler for appellant.

James Bennett for respondent.

Chief Judge DESMOND and Judges FULD, BURKE, BERGAN and KEATING concur with Judge VAN VOORHIS; Judge SCILEPPI dissents and votes to reverse upon the dissenting opinion at the Appellate Division.

VAN VOORHIS, J.

Respondent husband appeals from an order affirming an order of the Family Court directing him to pay for his wife's support, not on the ground that she is liable to become a public charge, but on a "means" basis. The Appellate Division held that the fact that husband and wife were living separately by mutual consent did not relieve him of his duty to...

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