# Erie County Board of Social Welfare v. O'Neil

> Appellate Division of the Supreme Court of the State of New York · June 27, 1963 · 19 A.D.2d 690

URL: https://www.frixlaw.com/law-library/cases/5747708

## Case

- **Full name:** Erie County Board of Social Welfare v. Kenneth O'Neil
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 27, 1963
- **Citations:** 19 A.D.2d 690; 242 N.Y.S.2d 631; 1963 N.Y. App. Div. LEXIS 3511
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5747708

## Opinion text

Order affirmed, without costs of this appeal to either party. All concur except Bastow and Halpern, JJ., who dissent in the following memorandum: As to the first child born to the complainant, we believe that the Erie County Commissioner of Social Welfare had the right to institute this proceeding under section 122 of the Domestic Relations Law. The child was born in Erie County and was not only “ likely to become a public charge ” but did in fact become a public charge. The Erie County Welfare Department paid the hospital expenses for the birth of the child. The complaining witness was then a resident of Erie -County. The alleged *691 subsequent removal of the complaining witness to another county did not deprive the Commissioner of Social Welfare of the right to institute the proceeding in Erie County. We would therefore reverse the order appealed from and remand the case to the Family Court for further proceedings. (Appeal from order of Erie County Children’s Court discharging the defendant, in a filiation proceeding.) Present- — Williams, P. J., Bastow, Goldman, Halpern and Henry, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5747708. Public record. Not legal advice.