IN THE MATTER OF JUSTIN CC. (TINA CC.)

506502, 507154.

77 A.D.3d 207 (2010)

903 N.Y.S.2d 806

In the Matter of JUSTIN CC. and Others, Children Alleged to be Abused and Neglected. CHEMUNG COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; TINA CC. et al., Appellants. (And Another Related Proceeding.)

Appellate Division of the Supreme Court of New York, Third Department.

Decided July 1, 2010.


Attorney(s) appearing for the Case

John J. Raspante , New Hartford, for Tina CC., appellant.

Kelly M. Corbett , Fayetteville, for George CC., appellant.

David Kagle , Chemung County Department of Law, Family Court Division, Elmira, for respondent.

Michelle E. Stone , Vestal, attorney for the child.

Tracey A. Brown , Clifton Park, attorney for the children.

MERCURE, J.P., SPAIN, ROSE and KAVANAGH, JJ., concur.


OPINION OF THE COURT

PETERS, J.

On this appeal, we are compelled to determine whether testimony taken from a child during the fact-finding stage of a Family Ct Act article 10 proceeding, outside the presence of the respondent but with counsel present and permitted to cross-examine the child, is entitled to the same protections of confidentiality afforded to Lincoln testimony in a Family Ct Act article 6 proceeding. We conclude that it is not.

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