You are here: / / Relatively Low Degree of Corroboration Required to Admit Child’s...
,

Relatively Low Degree of Corroboration Required to Admit Child’s Out-of-Court Statements Re: Abuse or Neglect

The Third Department, in a custody proceeding, explained the level of corroboration required to render a child’s out-of-court statements admissible:

Both the mother and the attorney for the children contend that the testimony of the father’s psychiatrist … concerning the older child’s out-of-court statements are inadmissible hearsay. We disagree. A child’s out-of-court statements are admissible in a custody dispute if the statements relate to abuse or neglect, provided that such statements are corroborated by other evidence … . “The degree of corroboration required is relatively low” … , and the hearing court “is accorded considerable discretion in determining whether there is sufficient corroboration” … . Heather B v Daniel B, 2015 NY Slip Op 01506, 3rd Dept 2-19-15

 

You might also like
CAUSE OF ACTION ALLEGING NEGLIGENT FAILURE TO INSTALL A GUARDRAIL SHOULD NOT HAVE BEEN DISMISSED.
PLAINTIFF DID NOT PROVE AT TRIAL THAT HE HAD STANDING TO BRING THE FORECLOSURE ACTION, HE DID NOT PROVE PHYSICAL POSSESSION OF THE ORIGINAL NOTE AT THE TIME THE ACTION WAS BROUGHT AND DID NOT PROVE THE NOTE WAS INDORSED IN BLANK OR TO HIM, APPELLATE COURT CAN INDEPENDENTLY WEIGH THE EVIDENCE AFTER A NONJURY TRIAL (THIRD DEPT).
DEFENDANTS MOTION TO VACATE THE DEFAULT BASED UPON LAW OFFICE FAILURE AND PROOF OF A MERITORIOUS DEFENSE SHOULD HAVE BEEN GRANTED (THIRD DEPT).
Petitioner-Teacher Never Consented to an “Out of Area” Assignment—Therefore She Was Entitled to Seniority in Her Teaching Area, Despite Her Assignment to Another Area
THIS JUVENILE DELINQUENCY PROCEEDING STEMMED FROM ALLEGATIONS RESPONDENT COMMITTED VIOLENT ACTS AGAINST THE MOTHER OF HIS CHILD; THE PROCEEDING SHOULD NOT HAVE BEEN DISMISSED “IN FURTHERANCE OF JUSTICE;” CRITERIA EXPLAINED (THIRD DEPT). ​
Defendant Cannot Meet Its Burden In a Summary Judgment Motion Solely by Pointing to Proof Problems in the Plaintiff’s Case/Court, Pursuant to Its Power to Search the Record in Determining a Summary Judgment Motion, Cannot Address Claims that Were Not the Subject of the Motion
THE INCLUSORY CONCURRENT COUNTS MUST BE DISMISSED AND THE RELATED SENTENCES VACATED (THIRD DEPT).
Aunt Met Her Burden of Establishing Extraordinary Circumstances Overcoming Mother’s Superior Right to Custody of Children/Appellate Division Has Authority to Make Those Findings Where Family Court Failed to Do So

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 © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Department of Environmental Conservation’s Finding that the Owners of... Maltreatment Finding Not Supported by Substantial Evidence