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COMM'R OF WELFARE OF THE CITY OF NEW YORK v. WIENER

15 A.D.2d 744 (1962)

Commissioner of Welfare of the City of New York, Respondent, v. Moe Wiener, Appellant

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

February 6, 1962

Order entered on or about December 1, 1960, in this filiation proceeding, reversed on the law and the facts and the complaint dismissed, without costs, on the ground that the proof was unsatisfactory to establish the fatherhood of appellant.

Valente and McNally, JJ., dissent and vote to affirm in the following memorandum:

We vote for affirmance. The test laid down for proceedings of this character is that the evidence must be "entirely satisfactory".

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