In re Adeline H.

Appellate Division of the Supreme Court of New York

In re Adeline H.

171 A.D.2d 1033, 579 N.Y.S.2d 613, 1991 N.Y. App. Div. LEXIS 6757

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 8, 1991

StatusPublished

This text of 171 A.D.2d 1033 (In re Adeline H.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Adeline H., 171 A.D.2d 1033, 579 N.Y.S.2d 613, 1991 N.Y. App. Div. LEXIS 6757 (N.Y. Ct. App. 1991).

Pincite

Opinion

Order unanimously affirmed without costs. Memo[1034]*1034randum: We agree, for the reasons stated by Family Court, that Robert H. was a proper respondent in this sexual abuse proceeding pursuant to article 10 of the Family Court Act. The finding of abuse by Robert H. and Wayne H. was not against the weight of the evidence, and the evidence supported a finding that the out-of-court statements of the mentally retarded child were reliable. Even discounting the validation testimony by the expert, we find that the child’s out-of-court statements were sufficiently corroborated. (Appeal from Order of Monroe County Family Court, Sciolino, J. — Child Sexual Abuse.) Present — Doerr, J. P., Boomer, Green, Balio and Davis, JJ.

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Order unanimously affirmed without costs. Memo[1034]*1034randum: We agree, for the reasons stated by Family Court, that Robert H. was a proper respondent in this sexual abuse proceeding pursuant to article 10 of the Family Court Act. The finding of abuse by Robert H. and Wayne H. was not against the weight of the evidence, and the evidence supported a finding that the out-of-court statements of the mentally retarded child were reliable. Even discounting the validation testimony by the expert, we find that the child’s out-of-court statements were sufficiently corroborated. (Appeal from Order of Monroe County Family Court, Sciolino, J. — Child Sexual Abuse.) Present — Doerr, J. P., Boomer, Green, Balio and Davis, JJ.

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Bluebook (online)

171 A.D.2d 1033, 579 N.Y.S.2d 613, 1991 N.Y. App. Div. LEXIS 6757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adeline-h-nyappdiv-1991.