COMR. OF WELFARE, N. Y. CITY (BATCHO) v. ROMAN


277 A.D. 388 (1950)

Commissioner of Welfare of the City of New York, on Complaint of Lillian Batcho, Appellant, v. John Roman, Respondent

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

October 31, 1950.


Attorney(s) appearing for the Case

Allen Murray Myers for Lillian Batcho, appellant.

Saul Moskoff of counsel (Seymour B. Quel with him on the brief; John P. McGrath, Corporation Counsel of the City of New York, attorney), for Commissioner of Welfare of City of New York.

Jacob M. Mandelbaum of counsel (Shapiro, Mandelbaum & Sitomer, attorneys), for respondent.

PECK, P. J., GLENNON, COHN, CALLAHAN and SHIENTAG, JJ., concur.


Per Curiam.

The proceedings in this case have been most unusual. On September 25, 1947, a filiation order was unanimously granted adjudging the defendant to be the father of a child born to complainant on March 6, 1944. Thereafter defendant moved for a new trial which, on February 5, 1948, was unanimously denied. Defendant then appealed to this court from the filiation order and denial of his motion for a new trial...

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