New York Court of Appeals
Linda Kagen, an Infant and Another, by Their Parent Anita Reisner v. Theodore Kagen
February 29, 196821 N.Y.2d 532
Summary
The Court held that the 1962 amendment to article VI, section 7 of the New York Constitution expands the Supreme Court's original jurisdiction to include support actions such as the declaratory suit brought by the infants, and that this expansion does not impair the Family Court's exclusive jurisdiction, allowing concurrent jurisdiction and discretionary transfer. Accordingly, the order dismissing the complaint for lack of jurisdiction was affirmed. Justice Jasen dissented, arguing the amendment does not broaden Supreme Court jurisdiction and that the Family Court's exclusive jurisdiction remains intact.