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GODOY v. GULLOTTA

No. 75 Civ. 2894.

406 F.Supp. 692 (1975)

Hugo C. GODOY, Plaintiff, v. The Honorable Frank A. GULLOTTA, Presiding Justice of the Supreme Court of the State of New York, Appellate Division, Second Judicial Department, et al., Defendants.

United States District Court, S. D. New York.

December 22, 1975.

Attorney(s) appearing for the Case

Brashich, Finley and Postel, New York City, for plaintiff; Deyan Ranko Brashich, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen., for other defendants; Stanley L. Kantor, New York City, of counsel.

Ira J. Greenhill, New York City, for defendant Godoy; Kenneth Bender and Lawrence F. Landgraff, New York City, of counsel.

Before FRIENDLY, Circuit Judge, and BONSAL and MOTLEY, District Judges.

PER CURIAM:

In this action based on 42 U.S.C. § 1983 and its jurisdictional counterpart, 28 U.S.C. § 1343(3), plaintiff sought declaratory and injunctive relief with respect to § 237 of the New York Domestic Relations Law. That section provides, so far as here material, that in certain types of matrimonial actions the court may direct the husband "to pay such sum or sums of money to enable the wife to carry on or defend the action or proceeding as,...

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