The Court of Appeals’ decision in ‘Matter of M.S.’ marks a significant development in the law governing the authentication of video evidence in Family Court proceedings.
If, as an attorney, your practice in any way shape or form involves hearings, trials, arbitrations, etc. where you are called upon to lay a foundation to authenticate videographic evidence, it is imperative that you read the Court of Appeals’ recent decision in Matter of M.S., 2026 NY Slip Op 00825.
The facts of M.S. are deeply disturbing. The Family Court (Erie County) found that the mother (M.H.) abused her daughter (M.S.) and derivatively abused her son (G.H). This finding was based upon three videos from May, June, and July 2019.
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