MATTER OF NICOLE V.


71 N.Y.2d 112 (1987)

In the Matter of Nicole V., a Child Alleged to Be Abused. Lawrence V., Appellant. In the Matter of Francis Charles W., Jr., and Others. Mary Alice C., Appellant.

Court of Appeals of the State of New York.

Decided December 21, 1987.


Attorney(s) appearing for the Case

Howard Jacobson for appellant in the first above-entitled proceeding.

Peter L. Zimroth, Corporation Counsel (Elizabeth S. Natrella and Larry A. Sonnenshein of counsel), for respondent in the first above-entitled proceeding.

Barbara H. Dildine and Lenore Gittis, Law Guardian, for Nicole V. in the first above-entitled proceeding.

James P. Maxwell for appellant in the second above-entitled proceeding.

Robert J. Rossi, County Attorney (Anthony F. Copani of counsel), for respondent in the second above-entitled proceeding.

Joseph J. Heath, Law Guardian, for Francis Charles W., Jr., and others in the second above-entitled proceeding.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


SIMONS, J.

In these two child protective proceedings parents have been charged with sexually abusing their children. The proof of abuse rests principally on out-of-court statements of each child, evidence which is not legally sufficient to make a fact finding of child abuse unless corroborated in accordance with the requirements of section 1046 (a) (vi) of the Family Court Act.1 The...

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