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MATTER OF SEITZ v. DROGHEO

21 N.Y.2d 181 (1967)

In the Matter of Evelyn Seitz, Appellant v. Joseph Drogheo, Respondent.

Court of Appeals of the State of New York.

Decided December 28, 1967.

Attorney(s) appearing for the Case

Henry C. Woicik for appellant.

Heyman Rothbart and Mortimer M. Rothstein for respondent.

Louis J. Lefkowitz, Attorney-General (Winifred C. Stanley and Ruth Kessler Toch of counsel), in support of the constitutionality of subdivision (c) of section 466 of the Family Court Act, intervenor.

Chief Judge FULD and Judges VAN VOORHIS, BURKE, BERGAN and BREITEL concur with Judge KEATING; Judge SCILEPPI dissents and votes to affirm on the opinion at the Appellate Division.

KEATING, J.

In October, 1964, Evelyn and Joseph Drogheo entered into a separation agreement, which ultimately was followed by a dissolution of their marriage via a Mexican divorce. The divorce decree incorporated the parties' separation agreement. Under the pertinent part of the agreement the husband was to pay $23 weekly to the wife for her support.

As of May 25, 1966 Mr. Drogheo was $376 in arrears...

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