In re Cameron C.
Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Seneca County Family Court for further proceedings in accordance with the following Memorandum: Respondent appeals from an order of fact-finding and disposition placing his son in the custody of the child’s mother upon a finding that he neglected his son by, inter alia, exposing him to pornography. Family Court specifically found the evidence insufficient to support the allegation that respondent had sexually abused the child. In light of that finding, and based upon our review of the record, we conclude that the court abused its discretion in ordering respondent to make an “admission * * * to the conduct found by the court” and to conduct an apology session with the child as a precondition to respondent’s supervised visitation with the child. The key issue in a dispositional hearing is the best interests of the child, and the court must protect
Respondent’s remaining contentions are without merit. The child’s out-of-court statements were sufficiently corroborated (see, Matter of Brandy J., 236 AD2d 894; Matter of Jessica N., 234 AD2d 970, 971, appeal dismissed 90 NY2d 1008) to support the finding of neglect by a preponderance of the evidence (see, Family Ct Act § 1046 [b] [i]); respondent’s Fifth Amendment rights were not violated (see, Marchetti u United States, 390 US 39); and the surreptitious tape recording of the child’s mother by respondent was properly excluded from evidence (see, CPLR 4506). (Appeal from Order of Seneca County Family Court, Bender, J. — Neglect.) Present — Green, J. P., Hurl-butt, Scudder, Burns and Lawton, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.