In re Saratoga County Commissioner of Public Welfare

The trial of the above-entitled filiation proceeding was had before me on September 21, 1961.

At the conclusion of the trial, the respondent moved to dismiss the proceeding on the ground that complainant failed to offer any proof that the subject child is or is likely to become a public charge or that the mother of the subject child is dead or under a disability. The respondent contended that the authority for the motion was in Matter of Bancroft (276 App. Div. 485 [1950]).

The affidavit of the mother, in support of the Commissioner’s complaint, annexed thereto and filed, was verified on May 2,…