Appellate Division of the Supreme Court of New York, 1939

Complaint of Brady v. Cacciottoli

Complaint of Brady v. Cacciottoli
Appellate Division of the Supreme Court of New York · Decided November 1, 1939
258 A.D. 826; 15 N.Y.S.2d 177; 1939 N.Y. App. Div. LEXIS 7123
Complaint of Brady v. Cacciottoli

Opinion of the Court

Appeal from a final order of the Children’s Court of Delaware county, made on May 22, 1939, and entered in the office of the clerk of the court on the same day, adjudging the appellant to be the father of Robert Brady, a child born out of wedlock to Edith Brady. There was ample direct evidence to sustain the finding of the court below that the appellant is the father of the child and the appellant himself failed to take the witness stand to deny it. There was proof that in the presence of the court, appellant *827admitted that he might be the father of the child but would like a blood test to make sure. A blood test was had but the physician who gave it testified that it did not prove or disprove the possible parentage and that no decision could be made on the basis of the test. In fact, the blood test was negative as to the mother also. Order unanimously affirmed, with costs. Present •—■ Hill, P. J., Bliss, Heffernan, Sehenck and Poster, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.