Commissioner of Public Welfare v. Sullivan

Appellate Division of the Supreme Court of New York

Commissioner of Public Welfare v. Sullivan

235 A.D. 867

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 1932

StatusPublished

This text of 235 A.D. 867 (Commissioner of Public Welfare v. Sullivan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commissioner of Public Welfare v. Sullivan, 235 A.D. 867 (N.Y. Ct. App. 1932).

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Opinion

—Order of filiation of the Court of Special Sessions of the City of New York, Borough of Queens, reversed on the law and the facts, without costs, and the proceeding dismissed. The finding of paternity made against the defendant is contrary to the evidence. The complainant’s unsupported story is vague and contradictory. In addition, the date of the last period of menstruation prior to the birth of the child, given by the complainant, does not permit of a finding of paternity as against the defendant when considered in connection with the other dates to which she contradictorily testifies. Lazansky, P. J., Hagarty, Carswell and Davis, JJ., concur; Kapper, J., dissents and votes to affirm.

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—Order of filiation of the Court of Special Sessions of the City of New York, Borough of Queens, reversed on the law and the facts, without costs, and the proceeding dismissed. The finding of paternity made against the defendant is contrary to the evidence. The complainant’s unsupported story is vague and contradictory. In addition, the date of the last period of menstruation prior to the birth of the child, given by the complainant, does not permit of a finding of paternity as against the defendant when considered in connection with the other dates to which she contradictorily testifies. Lazansky, P. J., Hagarty, Carswell and Davis, JJ., concur; Kapper, J., dissents and votes to affirm.

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Bluebook (online)

235 A.D. 867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commissioner-of-public-welfare-v-sullivan-nyappdiv-1932.