In re Gazza

Appellate Division of the Supreme Court of New York

In re Gazza

280 A.D. 801, 113 N.Y.S.2d 665, 1952 N.Y. App. Div. LEXIS 3757

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

DecidedJune 9, 1952

StatusPublished

This text of 280 A.D. 801 (In re Gazza) 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

In re Gazza, 280 A.D. 801, 113 N.Y.S.2d 665, 1952 N.Y. App. Div. LEXIS 3757 (N.Y. Ct. App. 1952).

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Opinion

—• Amended order and judgment of the Children’s Court, Suffolk County, adjudging paternity and making awards, affirmed, without costs. No opinion. Nolan, P. J., Johnston and MacCrate, JJ., concur; Adel and Wenzel, JJ., dissent and vote to reverse the order and judgment and to dismiss the petition, with the following memorandum: In filiation proceedings, the proof must be “entirely satisfactory” to sustain an order (Commissioner of Public Welfare v. Motel, 256 App. Div. 352, 353; Commissioner of Public Welfare v. Ryan, 238 App. Div. 607; Drummond v. Dolan, 155 App. Div. 449). On this record, it is our opinion that the proof is clearly insufficient in quality and quantity to warrant an order adjudging the appellant to be the father of the child. [See post, p. 865.]

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—• Amended order and judgment of the Children’s Court, Suffolk County, adjudging paternity and making awards, affirmed, without costs. No opinion. Nolan, P. J., Johnston and MacCrate, JJ., concur; Adel and Wenzel, JJ., dissent and vote to reverse the order and judgment and to dismiss the petition, with the following memorandum: In filiation proceedings, the proof must be “entirely satisfactory” to sustain an order (Commissioner of Public Welfare v. Motel, 256 App. Div. 352, 353; Commissioner of Public Welfare v. Ryan, 238 App. Div. 607; Drummond v. Dolan, 155 App. Div. 449). On this record, it is our opinion that the proof is clearly insufficient in quality and quantity to warrant an order adjudging the appellant to be the father of the child. [See post, p. 865.]

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Bluebook (online)

280 A.D. 801, 113 N.Y.S.2d 665, 1952 N.Y. App. Div. LEXIS 3757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gazza-nyappdiv-1952.

Opinion

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