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In re Lemseh A.

204 A.D.2d 1040 Court N.Y. App. Div. Decision date 1994-05-27 English

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p. 1040
In the Matter of Lemseh A. and Others, Infants. Lorraine W., Appellant; Erie County Department of Social Services,: Respondent.
[614 NYS2d 961]

—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.