You are here: / / Parental Rights Termination Based Upon Mental Illness Reversed—Psychologist’s R...
,

Parental Rights Termination Based Upon Mental Illness Reversed—Psychologist’s Report Included Inadmissible Hearsay

The Third Department reversed Family Court’s determination that mother’s parental rights should be terminated based upon her mental illness. The psychologist’s (Liotta’s) report, upon which Family Court based its ruling, should not have been admitted in evidence because it included inadmissible hearsay:

Pursuant to the professional reliability exception to the hearsay rule, an expert witness may rely on information that would otherwise constitute inadmissible hearsay “if it is of a kind accepted in the profession as reliable in forming a professional opinion or if it comes from a witness subject to full cross-examination on the trial” … .  While some of the individuals with whom Liotta spoke testified during the hearing and were thus subject to cross-examination, several others did not.  Liotta was not asked and offered no opinion as to whether the information he gleaned from the interviews with individuals who did not testify was professionally accepted as reliable in performing mental health evaluations.  Respondent objected on hearsay grounds to Liotta’s testimony about these interviews and to the admission of his report – which contained detailed accounts of each interview – but the court overruled these objections.  Moreover, when respondent’s counsel sought to ask about the effect of the collateral source interviews on his opinions, the court precluded him from doing so.  As a result, no proper foundation was laid for the admission of Liotta’s testimony or his report… . Matter of Dakota F …, 513066, 3rd Dept 10-17-13

 

You might also like
IN A DESIGN-BUILD TURNKEY PROJECT, A PROPERTY OWNER IS NOT A THIRD PARTY BENEFICIARY OF CONTRACTS ENTERED INTO BY THE TURNKEY BUILDER IN CHARGE OF THE PROJECT (THIRD DEPT).
Grant of Writ of Prohibition Reversed—Criteria for Writ Explained
Defendant Entitled to a Hearing On His Motion to Vacate His Conviction/Newly Discovered Evidence Someone Else Confessed to the Crime
Defendant’s Being in the “General Area” Where Was Weapon Was Found and Defendant’s DNA on the Weapon Was Not Enough to Support Possession Conviction
COURT OF CLAIMS DID NOT HAVE SUBJECT MATTER JURISDICTION OVER A WORKERS’ COMPENSATION ISSUE, REVIEW OF AN AGENCY DETERMINATION MUST BE BROUGHT AS AN ARTICLE 78 PROCEEDING (THIRD DEPT).
The Third Dept Upheld the Statutory Amendment Cutting Off Reimbursement of Medicaid Overburden Expenses Incurred Prior to 2006—However the Court Imposed a Six-Month Grace Period Before the Amendment Kicks In [The Fourth Dept Dealt with the Same Question in a Decision Dated 11-14-14—Although the Fourth Dept Also Upheld the Amendment, It Did Not Impose a Grace Period and Did Not Use the Same Reasoning]
Question of Fact Re: the “Hostility” Element of a Prescriptive Easement
Past Domestic Violence Admissible to Show Intent in Rape Case—Victim’s Statements in Hospital Report Admissible under Business Records Exception/Confrontation Clause Not Implicated Because Statements Were Not Testimonial—Victim’s Statements Shortly After the Rape Admissible as Excited Utterances

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Accomplice Testimony Corroboration Insufficient Under Law Read to Jury Imputed Income, As Opposed to Actual Income, Used to Determine Mother’s Contribution...