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Matter of R. Children

Appellate Division of the Supreme Court of New York, Second Department
Aug 9, 1999
264 A.D.2d 423 (N.Y. App. Div. 1999)

Opinion

August 9, 1999.

Appeal from the Family Court, Putnam County (Sweeny, J.).


Ordered that the order is affirmed, without costs or disbursements.

Under the circumstances of this case, we find no merit to the appellant's contention that the Family Court committed reversible error by admitting the entire case file of the child protective agency into evidence. The agency established a proper foundation for admission of the file into evidence as a business record by establishing that it consisted of entries made by caseworkers who were under a business duty to timely record all matters relating to the welfare of the subject children ( see, CPLR 4518 [a]; Matter of Department of Social Servs. v. Waleska M., 195 A.D.2d 507, 510; cf., Matter of Leon RR, 48 N.Y.2d 117, 123). Furthermore, as required by principles of "fundamental fairness", the appellant's counsel was afforded an opportunity to review the case file prior to its admission into evidence ( see, Matter of Rosemary D., 78 A.D.2d 889; Matter of Melanie Ruth JJ, 76 A.D.2d 1008, 1009).

Ritter, J. P., Altman, Krausman and Florio, JJ., concur.


Summaries of

Matter of R. Children

Appellate Division of the Supreme Court of New York, Second Department
Aug 9, 1999
264 A.D.2d 423 (N.Y. App. Div. 1999)
Case details for

Matter of R. Children

Case Details

Full title:In the Matter of R. CHILDREN. PUTNAM COUNTY DEPARTMENT OF SOCIAL SERVICES…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 9, 1999

Citations

264 A.D.2d 423 (N.Y. App. Div. 1999)
694 N.Y.S.2d 126

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