Matter of Isaiah R.
| Decision Date | 14 December 2006 |
| Docket Number | 9825. |
| Citation | 35 A.D.3d 249,825 N.Y.S.2d 218,2006 NY Slip Op 09373 |
| Parties | In the Matter of ISAIAH R., a Child Alleged to be Permanently Neglected. TAMMY R., Appellant; GRAHAM-WINDHAM SERVICES TO FAMILIES AND CHILDREN, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Respondent failed to preserve her claim that the agency's progress notes are inadmissible hearsay, and we decline to review it (see Matter of "Baby Girl" Q., 14 AD3d 392 [2005], lv denied 5 NY3d 704 [2005]). In any event, the testimony of the agency's caseworker established that the highlighted portions of the progress notes were made in the ordinary course of business and thus admissible as business records (see id.). The progress notes provide clear and convincing evidence of respondent's repeated refusal to cooperate with the agency's diligent efforts referring her for mental health counseling, and that she otherwise failed to plan for the child's future during the relevant time period (see id.). A preponderance of the evidence shows that a suspended judgment would not be in the child's best interests. We have considered respondent's other arguments and find them unavailing.
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Enerfry H. v. Admin. for Children's Servs. for the City of N.Y. (In re Another)
...ACS supervisor failed to testify whether the caseworker had the obligation to make those entries is unpreserved (see Matter of Isaiah R., 35 A.D.3d 249, 249, 825 N.Y.S.2d 218 [1st Dept. 2006] ). Were we to review the claim, we would find that the notes are admissible as business records. Th......
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Allison Y. v. (In re Samantha M.)
...381, 381–382, 854 N.Y.S.2d 353 [1st Dept.2008], lv. denied11 N.Y.3d 709, 868 N.Y.S.2d 601, 897 N.E.2d 1085 [2008]; Matter of Isaiah R., 35 A.D.3d 249, 249, 825 N.Y.S.2d 218 [1st Dept.2006] ). In any event, on these facts, the records were properly admitted under the business record exceptio......
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Alicia T. v. Mary McD. R. (In re Elizabeth E.R.T.), 8073
...S.], 150 A.D.3d 1698, 1700, 52 N.Y.S.3d 607 [4th Dept. 2017], lv denied 29 N.Y.3d 919, 2017 WL 4051983 [2017] ; Matter of Isaiah R., 35 A.D.3d 249, 825 N.Y.S.2d 218 [1st Dept. 2006] ). In any event, the progress notes were properly admitted under the business records exception to the hearsa......
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...ACS supervisor failed to testify whether the caseworker had the obligation to make those entries is unpreserved (see Matter of Isaiah R., 35 A.D.3d 249, 249 [1st Dept 2006]). Were we to review the claim, we would find that the notes are admissible as business records. The supervisor's testi......