Appellate Division of the Supreme Court of New York, 1935

Commissioner of Public Welfare v. Simon

Commissioner of Public Welfare v. Simon
Appellate Division of the Supreme Court of New York · Decided December 15, 1935
246 A.D. 695
Commissioner of Public Welfare v. Simon

Opinion of the Court

Order of filiation reversed and the information dismissed on the ground that the statute limiting the time of commencement of paternity proceedings (Inferior Criminal Courts Act, § 64) prescribes that such proceedings must be brought within two years after the birth of the child, without prejudice, however, to a suit brought by the department of public welfare in behalf of the child if it should more fully appear that there is danger of the child becoming a public charge. Present — Martin, P. J., Merrell, McAvoy, O’Malley and Untermyer, JJ.

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