Legal Opinion · Dissent

Nassau County Department of Social Services v. Steven K.

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

Decided September 30, 1991Published

1DissentKooper, J.

from, vacate the fact-finding order in its entirety, and dismiss the petitions, with the following memorandum. I am unable to concur in the majority’s determination that the remaining allegations of abuse were proven by a preponderance of the credible evidence. In my view, neither the testimony of the validator nor the in camera interviews constituted sufficient corroboration of the children’s alleged out-of-court statements, upon which the allegations of the petitions are based. Accordingly, the order appealed from should be reversed and the petitions dismissed.

In sustaining portions of the…

2Cases cited1 opinion

  1. In re Angelica C.New York City Family Court · 1991

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