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MATTER OF SIMPSON

126 Misc.2d 162 (1984)

In the Matter of Troy Simpson and Another, Children Alleged to be Neglected. Roberta Simpson, Respondent.

Family Court, New York County.

November 1, 1984

Attorney(s) appearing for the Case

Patricia Joan Byron respondent. Lenore Gittis and Thomas V. Curtis for children. Frederick A. O. Schwarz, Jr., Corporation Counsel (Joseph M. Armstrong and John M. Hayes of counsel), for Commissioner of Social Services of the City of New York.

AILEEN HAAS SCHWARTZ, J.

A novel issue is presented in this proceeding: May a confession obtained during custodial interrogation be challenged as "involuntary" upon the same grounds in a civil proceeding as in a criminal prosecution?

The death of an 11-month-old infant gave rise to two proceedings against the mother, the instant civil child abuse proceeding to protect two siblings and a criminal action...

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