MATTER OF COMM'R OF SOC SERVS. OF THE CITY OF NEW YORK v. BAILEY


79 A.D.2d 572 (1980)

In the Matter of The Commissioner of Social Services of the City of New York, as Assignee of Elaine Mitchell, Appellant, v. David Bailey, Respondent

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

December 18, 1980


Unanimously reversed, on the law, the petition reinstated, and the matter remanded to Family Court for further proceedings, without costs or disbursements.

The mother of the child whose paternity was sought to be established and for whom support was sought is a welfare recipient under the Federally funded program of Aid to Families with Dependent Children. As a condition of eligibility she had to assign to the State her right to support from any other person, both...

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