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Commissioner of Public Welfare v. Garvey

256 A.D. 1056 Court N.Y. App. Div. Decision date 1939-04-06 English

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p. 1056
(April 6, 1939.)
Commissioner of Public Welfare of the City of New York, on the Complaint of Mary O’Reilly, Complainant, Respondent, v. Daniel Garvey, Appellant.

The various instruments executed or authorized by the complainant stating that the child was her husband’s, together with the evidence of frequent association between the complainant and her husband, require the conclusion that the strong presumption of legitimacy has not been overcome. Order unanimously reversed and proceeding dismissed. Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.