Brown v. Brown

Full title: JAMES F. BROWN, Appellant, v. ALBERTA BROWN, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 17, 1949

275 App. Div. 1033 (N.Y. App. Div. 1949)

Opinion

October 17, 1949.

Present — Peck, P.J., Glennon, Dore, Cohn and Callahan, JJ.;

Order, so far as appealed from, reversed and the motion to appoint special guardian denied. No opinion.

Cohn, J., dissents and votes to affirm upon the ground that the court properly exercised its discretion in appointing a special guardian to protect the interests of the infant in view of the fact that her legitimacy is involved. (See Civ. Prac. Act, § 207, and People v. Walker, 82 N.Y.S.2d 307.)