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MATTER OF RENSSELAER COUNTY DEP'T OF SOC SERVS. v. COSSART

38 A.D.2d 635 (1971)

In the Matter of Rensselaer County Department of Social Services on Behalf of Sheryl Cossart, Respondent, v. Arthur Cossart, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 15, 1971

The order appealed from must be reversed. 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,

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