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DEPARTMENT OF SOCIAL SERVS. ON BEHALF OF CAROL ANN D. v. WARREN D

195 A.D.2d 460 (1993)

600 N.Y.S.2d 132

In the Matter of The Department of Social Services, on Behalf of Carol Ann D., Respondent, v. Warren D., Appellant

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

July 6, 1993

Ordered that the order is affirmed, without costs or disbursements.

The evidence adduced by the petitioner at the fact-finding hearing was sufficient to prove the allegations of sexual abuse by a preponderance of the evidence (see, Family Ct Act § 1046 [b] [i]; Matter of Nicole V., 71 N.Y.2d 112, 117). In a child protective proceeding, unsworn out-of-court statements of the victim, although hearsay, can be admissible...

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