MATTER OF K.


123 A.D.2d 865 (1986)

In the Matter of Kimberly K., Appellant. Commissioner of Social Services of the City of New York, Appellant; William K., Respondent

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

October 27, 1986


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...

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