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MATTER OF POLAK v. ANONYMOUS

7 A.D.2d 214 (1959)

In the Matter of Harold Polak, Respondent, v. ANONYMOUS, Appellant

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

February 3, 1959.

Attorney(s) appearing for the Case

G. Edgar Locke for appellant.

Robert L. Ellis of counsel (Seymour B. Quel with him on the brief; Charles H. Tenney, Corporation Counsel), for respondent.

BOTEIN, P. J., M. M. FRANK, McNALLY and BERGAN, JJ., concur in Per Curiam opinion; BREITEL, J., concurs in part and dissents in part in memorandum.

Per Curiam.

This appeal is from a judgment of the Domestic Relations Court, Children's Court Division, adjudging the infant respondent a delinquent child, and from an order denying a motion to vacate the determination under section 86 of the New York City Domestic Relations Court Act. No summons or other process was ever served on the child's parents. Although the mother appeared at the hearing in response to a telephone...

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