Legal Opinion

In re James O.

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

Decided December 23, 1994PublishedCited by 2 opinions

1Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: Family Court properly allowed the prior testimony of a witness to be admitted at trial based upon the inability of the court to compel her appearance by its process (see, CPLR 4517). Respondent had adequate opportunity to cross-examine the witness in the prior proceeding (see, Alexander, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR 4517, at 95).

We reject respondent’s contention that the court failed to comply with Family Court Act § 1051 (a). "There is no requirement in Family Court Act § 1051 (a) that the Family…

2Cases cited1 opinion

  1. Nassau County Department of Social Services v. Steven K.Appellate Division of the Supreme Court of the State of New York · 1991

3Cited by2 opinions

  1. In re Christina A.Appellate Division of the Supreme Court of the State of New York · 1995
  2. In re LeshawAppellate Division of the Supreme Court of the State of New York · 1998

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