Appellate Division of the Supreme Court of New York, 1959

Commissioner of Welfare v. Pagan

Commissioner of Welfare v. Pagan
Appellate Division of the Supreme Court of New York · Decided November 24, 1959
9 A.D.2d 757; 193 N.Y.S.2d 99; 1959 N.Y. App. Div. LEXIS 5863
Commissioner of Welfare v. Pagan

Opinion of the Court

Order reversed, on the law and on the facts, and the complaint dismissed. The evidence is insufficient to meet the test laid down by the courts in this State that the evidence be entirely satisfactory” to sustain an order of filiation. (See Commissioner of Public Welfare [Carr] v. Kotel, 256 App. Div. 352.) Concur — Breitel, J. P., Rabin, M. M. Frank and Stevens, JJ.; Valente, J., dissents and votes to affirm.

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