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Jeng v. Barrow-Jeng

Court Finds it Has Broad Powers to Remove Post-Divorce Matter From Family to Supreme Court

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*1Sometimes a stroll through the state constitution, while interpreting an otherwise simple statute, can result in a complex answer to what seems, at first blush, to be a simple question. In this matter, a former wife seeks to remove her husband’s petition for modification of visitation and child support from Family Court to Supreme Court, the latter being the court which handled the divorce matter and a series of post-judgment petitions. The husband opposes the wife’s motion, arguing that the removal provisions of the CPLR require some “justification” for removal, such as either a “mistake in the choice of court” or “the limited jurisdiction” of the court of origin. CPLR 325 (a) & (b). Finding no statutory justification for the removal, the former husband claims the wife is “forum-shopping” in seeking to bring this dispute back to supreme court.The husband is correct if this court simply reads the CPLR: there is no statutory basis for this court to remove the matter from family court. But, the statute seems to collides with a provision in the New York State Constitution, which, prior precedents aver, creates a broad self-executing power for Supreme Court to remove a matter from any court without the need for any legislative authority. The Constitution provides:

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