In Matter of Nicolette H. (10 AD3d 657 [2d Dept 2004]) the Family Court dismissed a Family Court Act article 10 petition after a fact-finding, as DSS failed to establish a prima facie case that the children were abused or neglected. The Second Department found, "Under the particular circumstances of these cases, the Family Court properly refused to allow a caseworker to testify concerning prior investigations of the respondent which led to reports later determined to be unfounded." (Id. at 658.) The Court in Nicolette H. (10 AD3d at 658, 781 NYS2d 619) very specifically stated that "under the particular circumstances of these cases".