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MATTER OF DOMINICK "C" v. INGRAHAM

31 A.D.2d 429 (1969)

In the Matter of Dominick "C" et al., Individually and as Parents and Natural Guardians, Respondents, v. Hollis S. Ingraham, as State Commissioner of Health of The State of New York, Appellant

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

April 3, 1969.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Winifred C. Stanley of counsel), for appellant.

The Legal Aid Society (William P. Polito of counsel), for respondents.

DEL VECCHIO, J. P., MARSH, GABRIELLI and MOULE, JJ., concur.

WITMER, J.

In this article 78 proceeding petitioners seek to compel the respondent, Commissioner of Health of the State of New York, to issue a new birth certificate with respect to a daughter born to Mrs. "C"*, one of the petitioners, on November 4, 1961. They wish the certificate to show that they are her parents; and their application to respondent was made under section 4138 ...

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