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IN RE GUARDIANSHIP, ETC., LINDSAY N., ET AL., CHILDREN UNDER THE AGE OF EIGHTEEN YEARS, ETC., LAURIE N., Respondent-Appellant, EDWARD K., Respondent, LUTHERAN SOCIAL SERVICES OF METROPOLITAN NEW YORK, INC., Petitioner-Respondent.

Most of the entries in petitioner's case record were properly admitted into evidence under the business record exception to the hearsay rule (see Matter of Brooke Louise H., 158 A.D.2d 425, 426). To the extent that certain documents in the case record contained inadmissible hearsay statements, there is no indication that such statements influenced the fact-finding determination, and their admission was harmless. There was sufficient and, indeed, ample competent evidence to support Family Court's findings that appellant failed to plan for the future of the children despite the diligent efforts of petitioner agency (see Social Services Law § 384-b[a]; Matter of Star Leslie W., 63 N.Y.2d 136, 142-143), and that it is in the best interests of the children (see id. at 147-148) to be freed for adoption.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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IN RE GUARDIANSHIP
(Dec 31, 2002)