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Matter of James

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1994
210 A.D.2d 972 (N.Y. App. Div. 1994)

Opinion

December 23, 1994

Appeal from the Cayuga County Family Court, Corning, J.

Present — Lawton, J.P., Fallon, Wesley, Doerr and Davis, JJ.


Order unanimously affirmed without costs. Memorandum: Family Court properly allowed the prior testimony of a witness to be admitted at trial based upon the inability of the court to compel her appearance by its process (see, CPLR 4517). Respondent had adequate opportunity to cross-examine the witness in the prior proceeding (see, Alexander, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR 4517, at 95).

We reject respondent's contention that the court failed to comply with Family Court Act § 1051 (a). "There is no requirement in Family Court Act § 1051 (a) that the Family Court, in its decision, must refer to each specific allegation of abuse and neglect in the petition" (Matter of Nassau County Dept. of Social Servs. [Meredith K.] v Steven K., 176 A.D.2d 326, 329).

Upon our review of the record, we conclude that the evidence is sufficient as a matter of law to sustain the petition.


Summaries of

Matter of James

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1994
210 A.D.2d 972 (N.Y. App. Div. 1994)
Case details for

Matter of James

Case Details

Full title:In the Matter of JAMES O., a Child Alleged to be Abused and/or Neglected…

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

Date published: Dec 23, 1994

Citations

210 A.D.2d 972 (N.Y. App. Div. 1994)
620 N.Y.S.2d 687

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