New York Court of Appeals
In the Matter of Jaclyn P. and Another. Nassau County Department of Social Services, Respondent Robert P.
November 1, 199586 N.Y.2d 875
Summary
The Court of Appeals affirmed the Appellate Division’s finding that the expert validation testimony of a certified social worker was admissible and sufficient to support a finding of sexual abuse despite the absence of physical injury. The majority held that the weight of the evidence, evaluated under CPLR 5501(b) and precedent, justified the abuse finding, and that the respondent’s unpreserved arguments were without merit. The dissent argued that the majority failed to address the expert’s qualifications and the use of anatomical dolls, and would reverse and remand for a new hearing. The judgment was affirmed with costs.