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Matter of Kimberly

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 1986
123 A.D.2d 865 (N.Y. App. Div. 1986)

Opinion

October 27, 1986

Appeal from the Family Court, Queens County (Gilman, J.).


Ordered that the order is reversed, without costs or disbursements, and the proceeding is remitted to the Family Court, Queens County, for a new fact-finding hearing and determination.

The Family Court dismissed the petition because of the petitioner's failure to corroborate the child's out-of-court assertions that the respondent was the abuser (see, Family Ct Act § 1046 [a] [vi]). Corroborative evidence as to identity is not required, however (see, Matter of Fawn S., 123 A.D.2d 871; see also, Matter of Dara R., 119 A.D.2d 579), and Kimberly's out-of-court statements, when corroborated by medical evidence of an enlarged entroitus and the expert conclusion of a social worker that Kimberly had been abused (see, Matter of Fawn S., supra), were sufficient to make out a prima facie case. Lazer, J.P., Bracken, Niehoff and Kooper, JJ., concur.


Summaries of

Matter of Kimberly

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 1986
123 A.D.2d 865 (N.Y. App. Div. 1986)
Case details for

Matter of Kimberly

Case Details

Full title:In the Matter of KIMBERLY K., Appellant. COMMISSIONER OF SOCIAL SERVICES…

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

Date published: Oct 27, 1986

Citations

123 A.D.2d 865 (N.Y. App. Div. 1986)

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