ERIE COUNTY BD. OF SOC WELFARE v. O'NEIL


19 A.D.2d 690 (1963)

Erie County Board of Social Welfare, Appellant, v. Kenneth O'Neil, Respondent

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

June 27, 1963


Order affirmed, without costs of this appeal to either party.

All concur except BASTOW and HALPERN, JJ., who dissent in the following memorandum:

As to the first child born to the complainant, we believe that the Erie County Commissioner of Social Welfare had the right to institute this proceeding under section 122 of the Domestic Relations Law. The child was born in Erie County and was not only "likely to become a public charge" but did in fact become a public...

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