251 A.D. 793 | N.Y. App. Div. | 1937
Judgment and order affirmed, with costs. All concur, except Sears, P. J., and Crosby, J., who dissent and vote for reversal on the facts and for granting a new trial in the following memorandum: Under section 106, subdivision 2, paragraph b, of the Public Welfare Law, it was the duty of the commissioner of public welfare to care for the child pending action by the Children’s Court. In performance of this duty the commissioner of public welfare authorized the Onondaga Orphans Home to receive the child into its institution as a charge against the town of Fabius until further notice. The Children’s Court has never determined the pending proceeding and the cost of the