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IN RE: R. (Anonymous), Children. Putnam County Department of Social Services, respondent; Alice R. (Anonymous), appellant.
In a proceeding pursuant to Family Court Act article 10 to extend the placement of children, the mother appeals from an order of the Family Court, Putnam County (Sweeny, J.), entered October 10, 1997, made after a hearing, which granted the petition of the Department of Social Services for an extension of placement.
ORDERED that the order is affirmed, without costs or disbursements.
Under the circumstances of this case, we find no merit to the appellant's contention that the Family Court committed reversible error by admitting the entire case file of the child protective agency into evidence. The agency established a proper foundation for admission of the file into evidence as a business record by establishing that it consisted of entries made by case workers who were under a business duty to timely record all matters relating to the welfare of the subject children (see, CPLR 4518 [a]; Matter of Department of Social Servs. v. Waleska M., 195 A.D.2d 507, 510, 600 N.Y.S.2d 464; cf., Matter of Leon RR., 48 N.Y.2d 117, 123, 421 N.Y.S.2d 863, 397 N.E.2d 374). Furthermore, as required by principles of “ fundamental fairness”, the appellant's counsel was afforded an opportunity to review the case file prior to its admission into evidence (see, Matter of Rosemary D., 78 A.D.2d 889, 433 N.Y.S.2d 41; Matter of Melanie Ruth JJ., 76 A.D.2d 1008, 1009, 429 N.Y.S.2d 773).
MEMORANDUM BY THE COURT.
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Decided: August 09, 1999
Court: Supreme Court, Appellate Division, Second Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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