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MATTER OF ROY v. ROY

109 A.D.2d 150 (1985)

In the Matter of Indumati Roy, Respondent, v. Prabir Roy, Appellant

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

July 3, 1985

Attorney(s) appearing for the Case

Ronald R. Benjamin for appellant.

Rodney A. Richards for respondent.

MAHONEY, P. J., KANE, WEISS and LEVINE, JJ., concur.

CASEY, J.

The dispositive issue in this appeal is whether Family Court is divested of subject matter jurisdiction over a properly commenced support proceeding when petitioner thereafter commences a matrimonial action in Supreme Court while the support proceeding is pending in Family Court. We hold that the commencement of the subsequent matrimonial action does not divest Family Court of subject matter jurisdiction...

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