Complaint of Brady v. Cacciottoli

Appellate Division of the Supreme Court of New York

Complaint of Brady v. Cacciottoli

258 A.D. 826, 15 N.Y.S.2d 177, 1939 N.Y. App. Div. LEXIS 7123

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

DecidedNovember 1, 1939

StatusPublished

This text of 258 A.D. 826 (Complaint of Brady v. Cacciottoli) 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

Complaint of Brady v. Cacciottoli, 258 A.D. 826, 15 N.Y.S.2d 177, 1939 N.Y. App. Div. LEXIS 7123 (N.Y. Ct. App. 1939).

Pincite

Opinion

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 [827]*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.

Free access — add to your briefcase to read the full text and ask questions with AI

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 [827]*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.

Cite This Page — Counsel Stack

Bluebook (online)

258 A.D. 826, 15 N.Y.S.2d 177, 1939 N.Y. App. Div. LEXIS 7123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/complaint-of-brady-v-cacciottoli-nyappdiv-1939.