SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
February 13, 1969
IN THE MATTER OF COMMISSIONER OF WELFARE OF THE CITY OF NEW YORK, RESPONDENT,
LEO FIEL, APPELLANT
Two orders of the Family Court, made in New York County on February 19, 1968 and April 4, 1968, respectively, and entered in Kings County, affirmed, without costs.
Brennan, Acting P. J., Benjamin and Martuscello, JJ., concur; Rabin and Munder, JJ., dissent and vote to reverse the orders and dismiss the proceeding on the ground that the testimony was not clear, convincing, or entirely satisfactory, within the standard required in this type of case.
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