Scruton v. Dziewisz

The respondent in a filiation proceeding appeals from an order of the Children’s Court, denying his motion to vacate the complaint upon the ground that the complaint had been verified before a notary public and not before the Children’s Court Judge.

Subdivision 4 of section 122 of the Domestic Relations Law reads as follows: ‘ ‘ The complaint shall be in writing, or oral *278and in the presence of the complainant reduced to writing by the judge or the clerk of the court. It shall be verified by oath or affirmation of complainant.”

It will be noted that, under the terms of the statute, the complaint…