MATTER OF TIGHE-DUCK v. DUCK


135 Misc.2d 631 (1987)

In the Matter of Mary E. Tighe-Duck, Petitioner, v. Gregory A. Duck, Respondent.

Family Court, Onondaga County.

January 27, 1987


Attorney(s) appearing for the Case

John R. Lynch for petitioner. Jon Brenizer for respondent.


EDWARD J. McLAUGHLIN, J.

When the child support provisions of a separation agreement, incorporated but not merged in a decree of divorce, are subject to arbitration, the Supreme Court in effect retains exclusive jurisdiction over the matter, since the Family Court has no jurisdiction over a proceeding concerning an arbitrable controversy. The Supreme Court may not refer to a court of limited jurisdiction any matter over which it does not have express...

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