MATTER OF SMILEY


36 N.Y.2d 433 (1975)

In the Matter of Rhonda Smiley et al., Appellants.

Court of Appeals of the State of New York.

Decided May 1, 1975.


Attorney(s) appearing for the Case

Herbert L. Warren and John J. Capowski for appellants.

Paul N. Tavelli, Assistant County Attorney, for respondent.

John C. Gray, Jr. and Marjory D. Fields for the Brooklyn Legal Services Corporation B, amicus curiae.

Adrian P. Burke, Corporation Counsel (L. Kevin Sheridan and Bernard Burstein of counsel), amicus curiae,

Kalman Finkel, John E. Kirklin and Michael D. Hampden for The Legal Aid Society of New York City, amicus curiae.

Martin B. Klein for the Bronx County Bar Association, amicus curiae.

Rene H. Reixach for the Monroe County Legal Assistance Corporation, amicus curiae.

Richard D. Rosenbloom for the Monroe County Bar Association, amicus curiae.

Judges JASEN, GABRIELLI and COOKE concur with Chief Judge BREITEL; Judge JONES dissents and votes to modify in a separate opinion in which Judge WACHTLER concurs; Judge FUCHSBERG dissents and votes to modify in another opinion.


Chief Judge BREITEL

The issue on this appeal is whether an indigent plaintiff wife in a divorce action and an indigent defendant wife in a similar action are entitled, as a matter of constitutional right, to have the County of Tompkins provide them with counsel or compensate counsel retained by them.

The Supreme Court granted the relief substantially requested by the wives and the Appellate Division reversed...

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