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COMM'R OF WELFARE OF N. Y. v. COSTONIE

277 A.D. 90 (1950)

Commissioner of Welfare of the City of New York, Respondent, v. Kiowa Costonie, Appellant

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

June 13, 1950.

Attorney(s) appearing for the Case

William Canton and Robert L. Horn for appellant.

Fred Iscol of counsel (Seymour B. Quel with him on the brief; John P. McGrath, Corporation Counsel), for respondent.

PECK, P. J., GLENNON, COHN and CALLAHAN, JJ., concur in Per Curiam opinion; SHIENTAG, J., concurs in the result, in opinion.

Per Curiam.

The basic question presented by this appeal is the weight to be given reports based on blood-grouping tests excluding paternity, which were received in evidence pursuant to the provisions of subdivision 1-a of section 67 of the New York City Criminal Courts Act. The statute permits the results of blood-grouping tests to be received in evidence "only in cases where definite exclusion is established."

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