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MATTER OF K.

112 A.D.2d 306 (1985)

In the Matter of Lydia K. Commissioner of The New York City Department of Social Services, Respondent; Lucille K., Appellant

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

July 15, 1985

Order affirmed, without costs or disbursements.

In this child protective proceeding the only evidence adduced at the fact-finding hearing tending to prove that the child in question was abused were two statements to that effect made by her shortly after the alleged abuse took place, which she later recanted. Under Family Court Act § 1046 (a) (vi) such out-of-court statements are admissible during the fact-finding hearing...

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