MATTER OF GIANNIS F.

No. 7660.

95 A.D.3d 618 (2012)

944 N.Y.S.2d 534

2012 NY Slip Op 3779

In the Matter of GIANNIS F., a Child Alleged to be Abused. and VILMA C., Appellant; MANNY M., Respondent; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

Decided May 15, 2012.


The court properly balanced respondent mother's due process rights with the emotional well-being of the child in permitting the child to testify to years of sexual abuse by her stepbrother, which the mother did not believe took place, outside their presence, but visible via closed-circuit television and subject to contemporaneous cross-examination (Matter of Q.-L. H., 27 A.D.3d 738, 739 [2006] ["(t)he Family Court must balance the...

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