MATTER OF LUZ P.


189 A.D.2d 274 (1993)

In the Matter of Luz P., a Child Alleged to be Abused. Orange County Department of Social Services, Appellant; Augusto P. et al., Respondents

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

March 29, 1993


Attorney(s) appearing for the Case

Stephen R. Hunter, County Attorney of Orange County, Goshen (Lewis A. Borofsky of counsel), for appellant.

Richard N. Lentino, Middletown, for Augusto P., respondent.

Jean M. Hernon, Law Guardian, Goshen, for infant.

O'BRIEN, PIZZUTO and SANTUCCI, JJ., concur.


SULLIVAN, J. P.

In this child protective proceeding we consider the proper course to be taken by a trial court when confronted with a potential witness who suffers from a disability in communicating. Luz P. is an 11-year-old girl who is nonverbal and has been described as both autistic and mentally retarded. She has been enrolled in a "BOCES" special education program...

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