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Matter of Elizabeth

Appellate Division of the Supreme Court of New York, First Department
Dec 27, 1990
168 A.D.2d 388 (N.Y. App. Div. 1990)

Opinion

December 27, 1990

Appeal from the Family Court, Bronx County (Marjory Fields, J.).


Petitioner established, by clear and convincing evidence, that the respondent father sexually abused his six-year-old daughter in August 1987, and derivatively abused two other minor children who were not sent to school. Contrary to the respondent father's contention, we find that the hearing court did not improvidently exercise its discretion in limiting the scope of respondent's cross-examination of petitioner's witness at the fact-finding hearing (see, People v. Duffy, 36 N.Y.2d 258, mot. to amend remittitur granted 36 N.Y.2d 857, cert. denied 423 U.S. 861). Lastly, the Family Court had authority under Family Court Act § 1056 to issue an order of protection prohibiting the respondent father from unsupervised contact with his children for a period of 12 years, notwithstanding that its duration exceeded that of the dispositional order. (Matter of Maritza B., 164 A.D.2d 838; Matter of Erin G., 139 A.D.2d 737.)

Concur — Ross, J.P., Rosenberger, Kassal, Ellerin and Rubin, JJ.


Summaries of

Matter of Elizabeth

Appellate Division of the Supreme Court of New York, First Department
Dec 27, 1990
168 A.D.2d 388 (N.Y. App. Div. 1990)
Case details for

Matter of Elizabeth

Case Details

Full title:In the Matter of ELIZABETH R., and Others, Children Alleged to be Abused…

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

Date published: Dec 27, 1990

Citations

168 A.D.2d 388 (N.Y. App. Div. 1990)
562 N.Y.S.2d 700

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