Legal Opinion

In re Anita J. F.

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

Decided December 30, 1999Published

1Opinion of the Court

*1045neglect and abuse are established by a preponderance of the evidence (see, Family Ct Act § 1046 [b] [i]; Matter of Philip M., 82 NY2d 238, 243-244). The out-of-court statements of Ariel were sufficiently corroborated by the eyewitness testimony of her sister Anita and the validation testimony of petitioner’s expert witness (see, Family Ct Act § 1046 [a] [vi]; Matter of Nicole V., 71 NY2d 112, 121). The out-of-court statement of Anita that a second incident took place on or about February 4, 1998 was sufficiently corroborated by her hearing testimony (see, Matter of Christina F., 74 NY2d 532,…

2Cases cited7 opinions

  1. In re Nicole V.New York Court of Appeals · 1987
  2. Matter of Philip M.New York Court of Appeals · 1993
  3. In re Christina F.New York Court of Appeals · 1989
  4. In re Anita U.Appellate Division of the Supreme Court of the State of New York · 1992
  5. In re Jeffrey D.Appellate Division of the Supreme Court of the State of New York · 1996

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