COMM'R OF WELFARE OF CITY OF NEW YORK v. SCHOLTZ


279 A.D. 987 (1952)

Commissioner of Welfare of the City of New York, Respondent, v. George Scholtz, Appellant

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

April 15, 1952.


Order affirmed, with $20 costs and disbursements to respondent.

VAN VOORHIS, J. (dissenting).

We cannot speculate by assuming, contrary to complainant's positive testimony, that she had sexual intercourse with defendant between 1946 and August 14, 1949. Conception must have occurred on August 14, 1949, according to her testimony, if defendant is the father. In that event, the birth of the baby was premature by forty-seven days. That is so long...

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