In re Brian W.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Erie County Family Court for further proceedings in accordance with the following Memorandum: We reject respondent’s contention that Family Court erred in receiving validation testimony from Dr. Bernstein as corroboration for the children’s out-of-court statements of sexual abuse. Family Court’s exercise of discretion in accepting the qualifications of the witness as an expert in the field of child sexual abuse "is not open to review unless in deciding the question the trial court has made a…
2Cases cited9 opinions
- Matott v. WardNew York Court of Appeals · 1979
- Meiselman v. Crown Heights Hospital, Inc.New York Court of Appeals · 1941
- In re Darlene T.New York Court of Appeals · 1971
- In re Toni "WW"Appellate Division of the Supreme Court of the State of New York · 1976
- In re Marsha B. F.Appellate Division of the Supreme Court of the State of New York · 1985
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3Cited by8 opinions
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- In re Rasyn W.Appellate Division of the Supreme Court of the State of New York · 1998
- In re Baby Girl S.New York City Family Court · 1997
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