In re Christine B.

Appellate Division of the Supreme Court of New York

In re Christine B.

204 A.D.2d 1041, 614 N.Y.S.2d 961

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

DecidedMay 27, 1994

StatusPublished

This text of 204 A.D.2d 1041 (In re Christine B.) 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 Christine B., 204 A.D.2d 1041, 614 N.Y.S.2d 961 (N.Y. Ct. App. 1994).

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Opinion

—Order unanimously affirmed without costs. Memorandum: Although the court should not have drawn an inference against respondents from their failure to call the paternal grandmother as a witness in the absence of a request to do so and a proper showing (see, People v Fields, 76 NY2d 761, 763), reversal is not warranted. The expert testimony supports the court’s conclusion that a prima facie case of abuse was proved (see, Family Ct Act § 1046 [a] [ii]), and that respondents failed to provide a reasonable alternative explanation for the infant’s injuries. (Appeals from Order of Erie County Family Court, O’Donnell, J.—Abuse and Neglect.) Present—Green, J. P., Pine, Balio, Fallon and Doerr, JJ.

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—Order unanimously affirmed without costs. Memorandum: Although the court should not have drawn an inference against respondents from their failure to call the paternal grandmother as a witness in the absence of a request to do so and a proper showing (see, People v Fields, 76 NY2d 761, 763), reversal is not warranted. The expert testimony supports the court’s conclusion that a prima facie case of abuse was proved (see, Family Ct Act § 1046 [a] [ii]), and that respondents failed to provide a reasonable alternative explanation for the infant’s injuries. (Appeals from Order of Erie County Family Court, O’Donnell, J.—Abuse and Neglect.) Present—Green, J. P., Pine, Balio, Fallon and Doerr, JJ.

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Bluebook (online)

204 A.D.2d 1041, 614 N.Y.S.2d 961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-christine-b-nyappdiv-1994.

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