New York Court of Appeals

Commissioner of Public Welfare of the City of New York, Respondent v. Herbert Koehleb, Appellant

November 19, 1940284 N.Y. 260

Summary

The New York Court of Appeals affirmed the order of the Court of Special Sessions finding the appellant to be the father of a natural child and ordering support. The court held that the evidence was insufficient to overcome the presumption of legitimacy and that the statutory evidence rule, though challenged, need not be decided because the judgment rested on the evidentiary insufficiency.