MATTER OF MILLER


12 A.D.2d 890 (1961)

In the Matter of Eugene Miller, an Infant

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

January 12, 1961


Order unanimously reversed on the law and facts and petition dismissed, without costs.

Memorandum:

This 10-year-old child has been found to be delinquent as habitually truant, taken from his mother, and placed in the care and custody of the County Welfare Commissioner. (Children's Court Act, § 2, subd. 2, par. [c].) The determination is based upon tardiness and absence from school. The record shows that all or most of the offenses occurred with the knowledge...

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