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Matter of Marcos

Appellate Division of the Supreme Court of New York, First Department
Oct 20, 1992
186 A.D.2d 446 (N.Y. App. Div. 1992)

Opinion

October 20, 1992

Appeal from the Family Court, New York County (George L. Jurow, J.).


There was ample evidence submitted to show an ongoing pattern of serious physical violence warranting a finding of abuse (Family Ct Act § 1012 [e] [ii]; see, Matter of Bruce L., 140 Misc.2d 757, 761). The out-of-court statements of the children coupled with the corroborative testimony and exhibits, including medical and agency reports, sufficed to show, by a preponderance of the evidence, that the children were in serious physical as well as emotional danger (see, Matter of Linda K., 132 A.D.2d 149, 156-157, lv denied 70 N.Y.2d 616). Respondent also is responsible for the acts of abuse allowed to be committed by the children's stepfather (see, Matter of F. Children, 178 A.D.2d 246). It was not error for the court to admit evidence concerning treatment of the children prior to the time of the events at issue (see, Matter of Fred S., 66 Misc.2d 683, 685-686).

Concur — Sullivan, J.P., Carro, Milonas and Kupferman, JJ.


Summaries of

Matter of Marcos

Appellate Division of the Supreme Court of New York, First Department
Oct 20, 1992
186 A.D.2d 446 (N.Y. App. Div. 1992)
Case details for

Matter of Marcos

Case Details

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

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

Date published: Oct 20, 1992

Citations

186 A.D.2d 446 (N.Y. App. Div. 1992)
589 N.Y.S.2d 14

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