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MATTER OF BANCROFT v. COURT OF SPECIAL SESSIONS

278 A.D. 141 (1951)

In the Matter of Joseph C. Bancroft, Appellant, v. Court of Special Sessions of the City of New York et al., Respondents

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

April 10, 1951.

Attorney(s) appearing for the Case

Clarence G. Pickard of counsel (Lombardo & Pickard, attorneys), for appellant.

Alfred Weinstein of counsel (Seymour B. Quel with him on the brief; John P. McGrath, Corporation Counsel), for respondents.

GLENNON, J. P., DORE and SHIENTAG, JJ., concur in Per Curiam opinion; CALLAHAN and VAN VOORHIS, JJ., dissent in opinion.

Per Curiam.

The application was for an order in the nature of prohibition restraining the Court of Special Sessions and the Justices thereof from prosecuting a filiation proceeding instituted against the petitioner on the complaint of the mother of a child born out of wedlock. The department of public welfare in the city of New York, represented by the corporation counsel, has, in order to expedite the ultimate determination...

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