MATTER OF BAUER v. BAUER


88 A.D.2d 737 (1982)

In the Matter of David W. Bauer, Appellant, v. Karen S. Bauer, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 27, 1982


Examination of the record of this proceeding reveals that a probation report was admitted into evidence recommending that custody be awarded to the mother, although there was neither consent nor a stipulation to its admissibility by the opposing side. This error was not cured by calling the probation officer who conducted the investigation as a witness and subjecting her to cross-examination, since her recommendation was largely based upon the hearsay statements of various...

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