Matter of Leon R.R

In Matter of Leon R.R., 48 NY2d 117 (1979), the Court of Appeals found the wholesale admission of a child's entire case file, replete with inadmissible hearsay, maintained by the St. Lawrence County Department of Social Services as a business record required reversal in a termination of parental rights proceeding. The Court of Appeals held that "each participant in the chain producing the record, from the initial declarant to the final entrant, must be acting within the course of regular business conduct or the declaration must meet the test of some other hearsay exception." Id. at 122. The Court of Appeals further explained that: The mere fact that the recording of third-party statements by the caseworker might be routine, imports no guarantee of the truth, or even reliability, of those statements. To construe these statements as admissible simply because the caseworker is under a business duty to record would be to open the floodgates for the introduction of random, irresponsible material beyond the reach of the usual tests for accuracy cross-examination and impeachment of the declarant. Unless some other hearsay exception is available admission may only be granted where it is demonstrated that the informant has personal knowledge of the act, event, or condition and he is under a business duty to report it to the entrant. Id. at 123.