Opinion
October 10, 1949.
Order of filiation of the Children's Court of Nassau County, and order for support (paternity) of that court, in same proceeding, reversed on the law and the facts and the complaint dismissed. In our opinion the evidence adduced upon the trial does not meet or measure up to the standard required to warrant the order of filiation. ( Burke v. Burpo, 75 Hun 568; People ex rel. Mendelovich v. Abrahams, 96 App. Div. 27; Commissioner of Public Charities v. O'Keefe, 180 App. Div. 667; Commissioner of Welfare of City of N.Y. v. Wienick, 263 App. Div. 836.) Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ., concur.