Commissioner of Wel., City of N.Y. v. Nestasi

Full title: COMMISSIONER OF WELFARE OF THE CITY OF NEW YORK, Respondent, v. JOSEPH…

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

Date published: May 20, 1958

6 A.D.2d 680 (N.Y. App. Div. 1958)

Opinion

May 20, 1958

Present — Botein, P.J., Rabin, Frank, McNally and Stevens, JJ.

Order of filiation reversed on the law and the facts and the proceeding is dismissed, without costs of this appeal to either party. The evidence in this case is not so clear, convincing and entirely satisfactory as to sustain an order of filiation in a proceeding of this character. All concur, except Frank and McNally, JJ., who dissent and vote to affirm the order.