By: Daily Record Staff//May 15, 2013
By: Daily Record Staff//May 15, 2013//
Appellate Division, Fourth Department
Social Worker’s Report — Admissibility
Matter of Arianna M.
Appealed from Family Court, Jefferson County
Background: The respondent father appealed from an order determining that he sexually abused and neglected his children. He argued that a written report of a social worker was inadmissible as it contained prior consistent statements that bolstered her trial testimony.
Ruling: The Appellate Division affirmed. The court held that while the report was inadmissible, the error was harmless as the court’s decision did not indicate that it relied on the report.
Cara A. Waldman for the respondent-appellant; Iris Yao of Caraccioli & Associates for the petitioner-respondent; Lisa A. Proven, attorney for the children