Legal Opinion
In re Christina A.
Appellate Division of the Supreme Court of the State of New York
Decided June 9, 1995No. Appeal No. 1PublishedCited by 7 opinions
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: In this abuse and neglect proceeding, Family Court erred during the fact-finding hearing in taking "judicial notice” of the testimony of two witnesses at a prior hearing pursuant to Family Court Act § 1028 without first determining that they were unavailable (see, CPLR 4517). Nevertheless, that error does not require reversal because a substantial right of a party was not prejudiced (see, CPLR 2002; Moore v Maggio, 96 AD2d 738). The court did not rely on that testimony in finding that the allegations of abuse and neglect had been…
2Cases cited4 opinions
- Nassau County Department of Social Services v. Steven K.Appellate Division of the Supreme Court of the State of New York · 1991
- In re Ashley AA.Appellate Division of the Supreme Court of the State of New York · 1995
- Moore v. MaggioAppellate Division of the Supreme Court of the State of New York · 1983
- In re James O.Appellate Division of the Supreme Court of the State of New York · 1994
3Cited by7 opinions
- In re Kinara C.Appellate Division of the Supreme Court of the State of New York · 2011
- In re Heather J.Appellate Division of the Supreme Court of the State of New York · 1997
- In re Chaquill R.Appellate Division of the Supreme Court of the State of New York · 2008
- M., BETH v. T., SUSANAppellate Division of the Supreme Court of the State of New York · 2011
- In re Sheena D.Appellate Division of the Supreme Court of the State of New York · 2006
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