Appellate Division of the Supreme Court of New York, 1994

In re Lemseh A.

In re Lemseh A.
Appellate Division of the Supreme Court of New York · Decided May 27, 1994
204 A.D.2d 1040; 614 N.Y.S.2d 961
In re Lemseh A.

Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: We reject respondent’s contention that Family Court erred in permitting the examining psychiatrist to refer to a letter in respondent’s file. The letter was not received in evidence. Thus, the requirements for admissibility under the business records exception to the hearsay rule (see, CPLR 4518 [a]) do not apply. (Appeal from Order of Erie County Family Court, Dillon, J.—Terminate Parental Rights.) Present—Green, J. P., Pine, Balio, Fallon and Doerr, JJ.

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