MATTER OF SCRUTON v. MARTIN


278 A.D. 884 (1951)

In the Matter of Alton C. Scruton, as Commissioner of Public Welfare of St. Lawrence County, Respondent, v. Harry Martin, Appellant

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

May 16, 1951.


The evidence sustains the contention that the defendant was the father of the child involved. Under the circumstances of this case there was no abuse of discretion in denying the motion for an examination before trial. Although defendant may have been somewhat restricted in his right to cross-examine in the first instance he was subsequently permitted to go into the prohibited matters and any error in this regard was thereby corrected.

Order unanimously affirmed,...

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