In re. Karla V

In In re. Karla V., 278 A.D.2d 159, 717 N.Y.S.2d 598 [2nd Dept. 2000]] the appellate court held that the trial court shouldl have re-opened a fact finding hearing upon the respondent mother's motion pursuant to Section 1061, where after the finding of abuse, the mother retained new counsel who proffered expert opinion that the injury to the child could have occurred in the manner described by the respondent during the fact finding proceeding.