MATTER OF COMM'R OF WELFARE OF THE CITY OF NEW YORK v. CARONE


34 A.D.2d 521 (1970)

In the Matter of The Commissioner of Welfare of the City of New York, Respondent, v. Nick Carone, Appellant In the Matter of Ingeborg Protzman, Respondent, v. Nicola Carone, Appellant

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

March 10, 1970


Orders of filiation, entered in Family Court on July 8, 1969, unanimously reversed, on the law and the facts, without costs and without disbursements, and, in the interests of justice, the proceedings remanded for a new trial.

The petitioner in these proceedings was a married woman but she was separated from her husband. In a filiation proceeding, both the mother and her husband may testify as to nonaccess (Family Ct. Act, § 531). She testified as to nonaccess...

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