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Matter of Commissioner of Social Services

Appellate Division of the Supreme Court of New York, First Department
Jan 9, 1990
157 A.D.2d 478 (N.Y. App. Div. 1990)

Opinion

January 9, 1990

Appeal from the Family Court, New York County (Michael Gage, J.).


Order of the same court entered on or about March 6, 1989, which found respondent in violation of an order of protection issued December 4, 1987, and sentenced respondent to 60 days' incarceration, with 58 days of said sentence suspended, unanimously affirmed, without costs.

Based on a review of the record, we find ample corroboration of the hearsay statements of the minor children that they were sexually abused (Matter of Nicole V., 71 N.Y.2d 112). Any doubts which we might have had as to the methods or findings of the validator Ms. P. are dispelled by the physical evidence of abuse as adduced by Dr. Haddad. In view of this physical evidence, and the other evidence on the record as a whole, we find no error in the refusal to reopen the hearing based on collateral matters affecting the credibility of Ms. P. The remaining arguments raised have been considered and found to be without merit. In affirming the final order, we observe that the order is subject to modification to permit visitation when that would be within the best interests of the children.

Concur — Kupferman, J.P., Asch, Kassal, Ellerin and Wallach, JJ.


Summaries of

Matter of Commissioner of Social Services

Appellate Division of the Supreme Court of New York, First Department
Jan 9, 1990
157 A.D.2d 478 (N.Y. App. Div. 1990)
Case details for

Matter of Commissioner of Social Services

Case Details

Full title:In the Matter of COMMISSIONER OF SOCIAL SERVICES, on Behalf of GAVIN B…

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

Date published: Jan 9, 1990

Citations

157 A.D.2d 478 (N.Y. App. Div. 1990)
549 N.Y.S.2d 401

Citing Cases

Matter of Commissioner of Social Servs

Decided April 5, 1990 Appeal from (1st dept: 157 A.D.2d 478) MOTIONS FOR LEAVE TO APPEAL GRANTED OR…