In the Matter of Elizabeth Costa, Respondent, against William Costa, Appellant

In the Matter of Elizabeth Costa, Respondent, against William Costa, Appellant. First Department, March 27, 1936. Isidore Miller of counsel [Samuel S. Allan with him on the brief; Weisman, Quinn, Allan & Spett, attorneys], for the appellant. Arthur Bainbridge Hoff, Jr., of counsel [Paxton Blair with him on the brief; Paul Windels, Corporation Counsel, attorney], for the respondent. [MAJORITY — Per Curiam.] Per Curiam. In view of the testimony of the petitioner that she is regularly receiving ten dollars a week from the appellant and furthermore that her parents are willing that she shall five with them, it cannot be said that the petitioner “ is likely to become a public charge,” which constitutes the only basis for the exercise of jurisdiction by the Domestic Relations Court during the pendency in the Supreme Court of an action for a separation between the parties. (Dom. Rel. Ct. Act [Laws of 1933, chap. 482], § 137; Matter of Collins v. Collins, 245 App. Div. 612; Matter of Chandler v. Chandler, 241 id. 390.) The order should be reversed and the petition dismissed. Townley, Untermyer, Dore and Cohn, JJ., concur; Martin, P. J., concurs in result. Order unanimously reversed and the petition dismissed.