Comm'r of Pub. Welfare of New York v. Simon

CourtNew York Court of Appeals
Writing for the CourtCRANE
Citation270 N.Y. 188,200 N.E. 781
Decision Date03 March 1936
PartiesCOMMISSIONER OF PUBLIC WELFARE OF CITY OF NEW YORK, on Complaint of MARCHANT, v. SIMON.

270 N.Y. 188
200 N.E. 781

COMMISSIONER OF PUBLIC WELFARE OF CITY OF NEW YORK, on Complaint of MARCHANT,
v.
SIMON.

Court of Appeals of New York.

March 3, 1936.


Suit by the Commissioner of Public Welfare of the City of New York on the complaint of Louise Marchant against Murray Simon. From an order of the Appellate Division, First Department (-- App.Div. --, 284 N.Y.S. 981), which reversed an order of the Special Term and dismissed the information, complainant appeals by permission.

Order of the Appellate Division reversed, and that of the Court of Special Sessions affirmed.

LEHMAN, O'BRIEN, and CROUCH, JJ., dissenting.


[270 N.Y. 188]Appeal from Supreme Court, Appellate Division, First department.

Paul Windels, Corp. Counsel, of New York City (Paxton Blair, Seymour B. Quel, and Sidney B. Schatkin, all of New York City, of counsel), for appellant.

270 N.Y. 189]David Goldstein and Thomas G. Frost, both of New York City, for respondent.
CRANE, Chief Judge.

This is an appeal in a paternity proceeding by the commissioner of public welfare of the city of New York from an order of the Appellate Division reversing an order and judgment of filiation entered against the defendant in the Court of Special Sessions, New York City, and dismissing the information on the ground that the statute of limitations had run. The case comes to this court upon a certificate granting leave to appeal, pursuant to section 520 of the Code of Criminal Procedure.

The child in whose behalf this proceeding has been commenced was born September 7, 1931, at the Gouverneur[270 N.Y. 190]Hospital in New York City. The summons in this proceeding was issued by the Court of Special Sessions March 11, 1935, more than two years after the birth of the child, but before it had arrived at sixteen years of age, to wit, when it was three and a half years of age.

The respondent on this appeal raises two questions: First, the jurisdiction of the court; second, the statute of limitations.

The Inferior Criminal Courts Act (Laws 1910, c. 659, as amended) provides for these paternity proceedings within the city of New York. Section 76 of article 5 of the act, as renumbered by Laws 1933, c. 746 (formerly section 35-p, as added by Laws 1930, c. 434), which covers such proceedings, says that an appeal may be taken from the final order or judgment of the court to the Appellate Division of the Supreme Court. From this the respondent argues that no further appeal to the Court of Appeals is permissible. We have acted upon the contrary assumption in Commissioner of Public Welfare of City of New York v. Jackson, 265 N.Y. 440, 193 N.E. 262, and Id.,265 N.Y. 469, 193 N.E. 275. It may be that when this case was before us the point was not raised, but it was considered in

[200 N.E. 782

Kane v. Necci, 269 N.Y. 13, 198 N.E. 613, where we stated that section 520 of the Code of Criminal Procedure applied to the special proceedings of a criminal nature under the Inferior Criminal Courts Act. The reason is apparent by a...

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22 practice notes
  • Commissioner of Welfare of City of New York v. Jones
    • United States
    • New York Family Court
    • 11 Abril 1973
    ...have explicitly upheld the statutory scheme set forth in section 517 of the Family Court Act. In Commissioner of Public Welfare v. Simon, 270 N.Y. 188, 200 N.E. 781 (1936), the Court of Appeals upheld the then 16 year statute of limitations for the Department of Public Welfare and refused t......
  • Watson v. City of New York
    • United States
    • New York City Court
    • 18 Junio 1968
    ...brought. (Cf. Hodson v. Hoff, 266 App.Div. 228, 42 N.Y.S.2d 1, aff'd 291 N.Y. 518, 50 N.E.2d 648; Commr. of Public Welfare, etc. v. Simon, 270 N.Y. 188, 200 N.E. 781; Matter of Clausi, 296 N.Y. 354, 73 N.E.2d 548; Feyler v. Mortimer, 299 N.Y. 309, 87 N.E.2d 273; Matter of Bancroft (Basel), ......
  • Reid v. White
    • United States
    • New York Family Court
    • 20 Enero 1982
    ...N.Y.S.2d 274, 286 N.E.2d 717 (1972); Schaschlo v. Taishoff, 2 N.Y.2d 408, 161 N.Y.S.2d 48, 141 N.E.2d 562 (1957); Commissioner v. Simon, 270 N.Y. 188, 200 N.E. 781, rearg den 271 N.Y. 527, 2 N.E.2d 678 (1936); People ex rel. Lawton v. Snell, 216 N.Y. 527, 111 N.E. 50 (1916); cf. Matter of M......
  • Wales v. Gallan
    • United States
    • New York Family Court
    • 22 Diciembre 1969
    ...in favor of public welfare officials is, instead, the protection of the public purse. See Commissioner of Public Welfare v. Simon, 270 N.Y. 188, 192, 200 N.E. 781, 782--783. Indeed, as compared to the public purse, the limitation provision downgrades the public interest in the well-being of......
  • Request a trial to view additional results
22 cases
  • Commissioner of Welfare of City of New York v. Jones
    • United States
    • New York Family Court
    • 11 Abril 1973
    ...have explicitly upheld the statutory scheme set forth in section 517 of the Family Court Act. In Commissioner of Public Welfare v. Simon, 270 N.Y. 188, 200 N.E. 781 (1936), the Court of Appeals upheld the then 16 year statute of limitations for the Department of Public Welfare and refused t......
  • Watson v. City of New York
    • United States
    • New York City Court
    • 18 Junio 1968
    ...brought. (Cf. Hodson v. Hoff, 266 App.Div. 228, 42 N.Y.S.2d 1, aff'd 291 N.Y. 518, 50 N.E.2d 648; Commr. of Public Welfare, etc. v. Simon, 270 N.Y. 188, 200 N.E. 781; Matter of Clausi, 296 N.Y. 354, 73 N.E.2d 548; Feyler v. Mortimer, 299 N.Y. 309, 87 N.E.2d 273; Matter of Bancroft (Basel), ......
  • Reid v. White
    • United States
    • New York Family Court
    • 20 Enero 1982
    ...N.Y.S.2d 274, 286 N.E.2d 717 (1972); Schaschlo v. Taishoff, 2 N.Y.2d 408, 161 N.Y.S.2d 48, 141 N.E.2d 562 (1957); Commissioner v. Simon, 270 N.Y. 188, 200 N.E. 781, rearg den 271 N.Y. 527, 2 N.E.2d 678 (1936); People ex rel. Lawton v. Snell, 216 N.Y. 527, 111 N.E. 50 (1916); cf. Matter of M......
  • Wales v. Gallan
    • United States
    • New York Family Court
    • 22 Diciembre 1969
    ...in favor of public welfare officials is, instead, the protection of the public purse. See Commissioner of Public Welfare v. Simon, 270 N.Y. 188, 192, 200 N.E. 781, 782--783. Indeed, as compared to the public purse, the limitation provision downgrades the public interest in the well-being of......
  • Request a trial to view additional results

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