New York Supreme Court December 4, 1985 (Pattberg v. Pattberg)

OPINION OF THE COURT

William R. Geiler, J.

Defendant moves for an order staying a hearing on modification of support pursuant to Domestic Relations Law §248 pending a determination as to the constitutionality and enforceability of said statute which provides in pertinent part as follows: "The court in its discretion upon application of the husband on notice, upon proof that the wife is habitually