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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

In re Nicole S.

This neglect proceeding under Article 10 of the Family Court Act addresses the corroboration required for a child’s unsworn, out-of-court statements. The petitioner alleged respondent Steven S. physically injured his four-year-old child, presenting evidence solely through caseworkers' testimony recounting the child's statements and observations of injuries. The court found that while independent evidence confirmed injuries, there was no corroboration regarding the perpetrator's identity or the manner of injury, independent of the child’s hearsay statements. Applying the corroboration standard from criminal and juvenile delinquency cases, which mandates corroboration for all material elements, the court determined the petitioner failed to satisfy this burden. Consequently, the petition against Steven S. was dismissed.

Child NeglectFamily Court ActCorroboration RequirementUnsworn Child StatementHearsay ExceptionPhysical InjuryAbuse or Neglect ProceedingSufficiency of EvidenceDue Process ConsiderationsCriminal Procedure Law Standards
References
14
Case No. MISSING
Regular Panel Decision

In re Addie F.

The case involves an appeal regarding the adjudication of a subject child to be abused by the respondent in Family Court, Chenango County. The petitioner initiated proceedings after a hotline report and the child's out-of-court statements detailing sexual abuse by the respondent. Although the child later recanted, the Family Court sustained the abuse petition, finding the statements corroborated by the child's consistent, age-inappropriate knowledge of sexuality, expert testimony from a clinical social worker, and the respondent's own concession of sexual contact. The Appellate Division affirmed the Family Court's decision, concluding that the child's statements were sufficiently corroborated and the evidence supported the finding of abuse.

Child abuseSexual abuseFamily CourtAppellate reviewCorroborationOut-of-court statementsExpert testimonyCredibilityRecantationSocial worker testimony
References
4
Case No. MISSING
Regular Panel Decision

Peter S. v. Cheryl A. S.

The Law Guardian appealed an order from Monroe County Family Court that resolved a visitation dispute by limiting the father to supervised visitation due to a finding of sexual abuse of his daughter. The court's finding relied on the children’s out-of-court statements, the mother’s observations, and her apparent lack of motive to falsify the accusation. The Appellate Court concluded that the Law Guardian failed to preserve her challenge to the court’s consideration of the children’s statements due to a lack of objection to hearsay. Additionally, the Appellate Court rejected the Law Guardian's argument regarding insufficient corroboration, stating that Family Court Act § 1046 (a) (vi) is not applicable to article 6 proceedings, and even if it were, the mother's observations sufficiently corroborated the children's hearsay statements. The order was unanimously affirmed without costs.

Visitation RightsChild AbuseSexual AbuseHearsayCorroborationFamily Court ActSupervised VisitationLaw GuardianAppellate ReviewFamily Law
References
4
Case No. MISSING
Regular Panel Decision

In re Evan Y.

The Family Court of Tioga County found a child, born in 1994, to be abused by his father (respondent) based on the child's out-of-court statements of being repeatedly fondled and exhibited troubling behaviors such as sexual acting out, nightmares, bed-wetting, and suicidal tendencies. Petitioner initiated this child abuse proceeding, and the respondent, who had a prior neglect adjudication, chose not to testify at the fact-finding hearing. Expert witnesses, clinical social workers Mary Bado and Sarah Walsh, provided corroborating testimony that the child's behaviors were consistent with sexual abuse. Family Court credited this expert testimony and found sufficient corroboration for the child's statements. The respondent appealed the finding of sexual abuse, but the appellate court affirmed the Family Court's order, noting the permissible inference against the non-testifying respondent and the ample corroborative evidence from the expert witnesses.

child abusesexual abuseFamily Court Act Article 10corroborationexpert testimonyout-of-court statementschild witnessesappellate reviewparental rightssexual acting out
References
9
Case No. No. 1, No. 2
Regular Panel Decision

In re Jessica DD.

This case involves appeals from two Family Court orders. In the first proceeding (No. 1), the Family Court found that the stepfather sexually abused his stepdaughter. In the second proceeding (No. 2), it found the mother neglected her daughter. The primary issue on appeal was whether the four-year-old victim's out-of-court statements were sufficiently corroborated as required by Family Court Act § 1046 (a) (vi). The appellate court found that a licensed clinical social worker, Rosalyn Syp, provided ample corroboration for the sexual abuse finding through doll reenactment and observed behavioral patterns in the victim. Consequently, the Family Court's finding of sexual abuse against the stepfather was affirmed. However, the appellate court determined there was insufficient corroboration for the neglect finding against the mother, as no correlation was established between the victim's statements to her mother and the stepfather's departures. Therefore, the neglect finding against the mother was reversed and the petition dismissed.

Child AbuseChild NeglectSexual AbuseFamily Court Act Article 10Out-of-Court StatementsCorroborationExpert TestimonyLicensed Clinical Social WorkerDoll ReenactmentBehavioral Patterns
References
8
Case No. MISSING
Regular Panel Decision

Bette & Cring, LLC v. Brandle Meadows, LLC

Petitioner, a construction manager, sought to compel respondent to provide a verified statement regarding trust funds for a construction project under Lien Law article 3-A, claiming the initial statement was deficient. The Supreme Court dismissed the petition, citing referral of the main contractual dispute to arbitration. On appeal, the court ruled that the arbitration did not negate the respondent's obligation to provide a compliant verified statement. The court found respondent's provided statement insufficient across multiple categories required by Lien Law § 75 (3). Consequently, the appeal court reversed the Supreme Court's order, denied respondent's motion to dismiss the appeal, granted the petition, and directed the respondent to furnish a compliant verified statement.

Lien LawVerified StatementConstruction ManagerTrust FundsArbitrationAppellate ReviewStatutory TrustReal Property ImprovementTrust BeneficiaryCompliance Deficiency
References
12
Case No. MISSING
Regular Panel Decision

In re Jamie EE.

Petitioner appealed the dismissal of an application to adjudicate Jamie EE. and her brothers as abused and neglected children by respondent. The Family Court dismissed the case for lack of corroboration of the child's out-of-court statements and denied the Law Guardian's request for an in camera interview with the child. The Appellate Division reversed the Family Court's order, holding that an in camera interview could provide the necessary corroboration for the child's statements and should have been allowed. The matter was remitted to Family Court to conduct the interview and receive additional relevant evidence from the Law Guardian.

Child AbuseChild NeglectCorroboration of Child StatementsHearsay EvidenceIn Camera TestimonyFamily Court ActAppellate ReversalRemandLaw Guardian RoleChild Welfare Proceedings
References
9
Case No. MISSING
Regular Panel Decision

In re Martha Z.

This case involves an appeal from two orders of the Family Court of Chemung County concerning the adjudication of child abuse and neglect. The respondents, Vernon Z. and Connie Z., are the parents of two daughters, Martha and Margaret. The proceedings were initiated after Martha disclosed an incident of sexual contact by her father. Family Court found the father abused and neglected Martha, the mother neglected Martha, and both parents derivatively neglected Margaret. Respondents appealed, challenging the credibility and corroboration of Martha's statements. The Appellate Division affirmed the Family Court's findings, noting that Martha's out-of-court statements were sufficiently corroborated and the mother failed to dispute her neglect.

Child AbuseChild NeglectFamily Court ActCorroboration of Child StatementsCredibility AssessmentDerivative NeglectParental JudgmentAppellate ReviewSexual ContactEmotional Distress
References
9
Case No. MISSING
Regular Panel Decision

In re Katrina CC.

This case involves an appeal from a Family Court order that adjudicated respondent to have neglected Makenzie DD. and derivatively neglected Katrina CC., and from subsequent orders of protection. The Family Court's decision was based on Makenzie's out-of-court statements alleging abuse by respondent. The appellate court reversed the Family Court's findings, concluding that Makenzie's out-of-court statements lacked sufficient corroboration as required by Family Ct Act § 1046 (a) (vi). The court emphasized that a child's repeated accusations or physical demonstrations, without expert testimony or other validating evidence, are insufficient to meet the corroboration standard. Consequently, the findings of neglect for both children were reversed, and the petition dismissed.

Neglect AdjudicationChild ProtectionFamily Court ActHearsay EvidenceCorroboration StandardAppellate ReviewDerivative NeglectOut-of-Court StatementsChild Abuse AllegationsSufficiency of Evidence
References
10
Case No. MISSING
Regular Panel Decision
Jul 27, 1992

In re Latisha W.

This case involves an appeal by a mother and father from a Family Court order that found they had abused their children, Latisha W. and Samura W., in a child protective proceeding. The appellate court affirmed the order, concluding that the Commissioner of Social Services had established child abuse by a preponderance of the evidence. The decision relied on the detailed, cross-corroborated out-of-court statements made by both children regarding the abuse. Further corroboration came from a social worker's testimony, which noted the children's consistent statements, bed-wetting, and inappropriate sexual behavior. Additionally, a prima facie case of abuse was established against the mother for failing to protect the children and warning them not to disclose the abuse, which she failed to rebut.

Child abuseParental neglectCorroborated statementsFamily Court Act Article 10Appellate reviewChild witnessesPreponderance of evidenceKings County Family CourtOut-of-court statementsSocial worker testimony
References
3
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