Commissioner of Public Welfare v. Fitzgerald

Order of filiation of the Court of Special Sessions of the City of New York, Borough of Richmond, reversed on the law and the facts, and proceeding dismissed. In the circumstances disclosed by the record now before the court, the evidence offered in behalf of the complaining witness may not be accepted. Lazansky, P. J., Young, Carswell and Johnston, JJ., concur; Tompkins, J., dissents and votes to affirm.