Majority
p. 655The People of the State of New York ex rel. Gus Katz, Appellant, v. George P. Richter et al., Respondents. (Argued October 3, 1923; decided October 23, 1923.)
Headnote
Jurisdiction — Domestic Relations Court — habeas corpus — conviction of norv-resident as disorderly person in having abandoned wife in New York city on first day of her arrival in said city — writ of habeas corpus dismissed.People ex rel. Katz v. Richter, 205 App. Div. 883 , affirmed.
Appeal, by permission, from an order of the Appellate-Division of the Supreme Court in the first judicial department, entered February 16, 1923, which affirmed an order of Special Term dismissing a writ of habeas corpus. Appellant, a resident and citizen of Pennsylvania, was charged by his wife in the Domestic Relations Court of the city of New York with being a disorderly person on account of having abandoned her in Poland in 1919, and again in the city of New York, September 18, 1922, the day on which she arrived in New York from Poland. He was adjudged a disorderly person, was required to pay $20 weekly for the support of his wife and children and, in default of a bond for $1,040, was committed to the workhouse for one year. The question was whether the Domestic Relations Court had jurisdiction.
Max Schleimer for appellant.
George P. Nicholson, Corporation Counsel (John F. O’Brien and Henry J. Shields of counsel), for respondents.
p. 656
Order affirmed, without costs; no opinion.
Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.