MATTER OF RICAPTO v. PEOPLE


38 Misc.2d 710 (1963)

In the Matter of Frank Ricapito, Petitioner, v. The People of the State of New York et al., Respondents.

Supreme Court, Special Term, Nassau County.

March 13, 1963


Attorney(s) appearing for the Case

John D. Capilli for petitioner. William Cahn, District Attorney (James J. Byrne of counsel), for respondents.


WILLIAM R. BRENNAN, JR., J.

This proceeding under article 78 of the Civil Practice Act presents a problem of statutory construction. The statute to be construed is the Family Court Act (L. 1962, ch. 686), and the question presented is whether the new Family Court has exclusive jurisdiction over a first degree criminal assault case merely because the assault was allegedly committed by one spouse upon the other.

Petitioner was, on December 11, 1962...

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