N.Y. FCT Law § 464

§ 464. Effect of pendency of action for divorce, separation or\nannulment on petition for support of a spouse. (a) In a matrimonial\naction in the supreme court, the supreme court on its own motion or on\nmotion of either spouse may refer to the family court an application for\ntemporary or permanent support, or for maintenance or a distribution of\nmarital property. If the supreme court so refers an application, the\nfamily court has jurisdiction to determine the application with the same\npowers possessed by the supreme court and the family court's disposition\nof the application is an order of the family court appealable only under\narticle eleven of this act.\n (b) In the absence of an order of referral under paragraph (a) of this\nsection and in the absence of an order by the supreme court granting\ntemporary or permanent support or maintenance, the family court during\nthe pendency of such action may entertain a petition and may make an\norder under section four hundred forty-five of this article for a spouse\nwho is likely to become in need of public assistance or care.\n