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MATTER OF SMITH v. DEP'T OF HEALTH

276 A.D. 345 (1950)

In the Matter of John Smith, Respondent, v. Department of Health of the City of New York et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

January 31, 1950.

Attorney(s) appearing for the Case

Fred Iscol of counsel (Seymour B. Quel with him on the brief; John P. McGrath, Corporation Counsel), for appellants.

Joseph Buch for respondent.

PECK, P. J., DORE and CALLAHAN, JJ., concur in Per Curiam opinion; COHN, J., dissents and votes to reverse in an opinion, in which GLENNON, J., concurs.

Per Curiam.

In Matter of Melis v. Department of Health (260 App. Div. 772) all we necessarily decided was that, so far as the child was concerned, no binding adjudication of illegitimacy was made in the Domestic Relations Court and that section 254 of the Judiciary Law therein relied on had no application to an adverse finding on the question of parentage. That is also true in the case before us. But in that...

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