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Matter of Bennett

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1988
144 A.D.2d 673 (N.Y. App. Div. 1988)

Opinion

November 28, 1988

Appeal from the Family Court, Nassau County (Capilli, J.).


Ordered that the order is affirmed, without costs or disbursements.

Contrary to the father's contention, the child's out-of-court statements made to his mother, grandmother and a police detective that his father had sexually abused him were sufficiently corroborated to support the Family Court's finding of abuse (see, Family Ct Act § 1046 [a] [vi]). The child related the incident of abuse to the court in an in camera interview (see, Matter of Erin G., 139 A.D.2d 737; Matter of Fawn S., 123 A.D.2d 871), his mother testified that he experienced frequent nightmares and exhibited other behavioral changes immediately following the incident (see Matter of Nicole V., 123 A.D.2d 97, affd 71 N.Y.2d 112), and a psychiatrist who examined the child, his mother and his father testified that the father suffers from a major psychiatric disturbance, and exhibited idiosyncratic sexual preferences including a foot fetish perversion and that it was "highly possible" that the father sexually abused his son (see, Family Ct Act § 1046 [a] [viii]; Matter of Nicole V., supra; Matter of Linda K., 132 A.D.2d 149). Furthermore, the petitioner presented hospital records which indicated an irritation around the child's anus the day after the incident (see, Family Ct Act § 1046 [a] [iv]; Matter of Kimberly K., 123 A.D.2d 865) and the father made an admission to the child's grandmother two days after the incident (see, Matter of Margaret W:, 83 A.D.2d 557, lv denied 54 N.Y.2d 609).

Upon this record we conclude that the Family Court's finding of abuse was supported by a preponderance of the evidence (see, Family Ct Act § 1046 [b]; Matter of Tammie Z., 66 N.Y.2d 1).

We have examined the father's remaining contentions and find them to be without merit. Lawrence, J.P., Spatt, Sullivan and Balletta, JJ., concur.


Summaries of

Matter of Bennett

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1988
144 A.D.2d 673 (N.Y. App. Div. 1988)
Case details for

Matter of Bennett

Case Details

Full title:In the Matter of TYSON G. CONSTANCE BENNETT, Respondent; THOMAS G.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 28, 1988

Citations

144 A.D.2d 673 (N.Y. App. Div. 1988)

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