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Matter of Rebecca S

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 2000
269 A.D.2d 833 (N.Y. App. Div. 2000)

Opinion

February 16, 2000

Appeal from Order of Ontario County Family Court, Harvey, J. — Abuse.

PRESENT: WISNER, J. P., PIGOTT, JR., HURLBUTT AND BALIO, JJ.


Order unanimously affirmed without costs.

Memorandum:

Family Court's determination that respondent sexually abused his daughter and son is supported by a preponderance of the evidence ( see, Family Ct Act § 1046 [b] [i]; Matter of Philip M., 82 N.Y.2d 238, 243-244). "Unsworn out-of-court statements of the victim may be received and, if properly corroborated, will support a finding of abuse" ( Matter of Nicole V., 71 N.Y.2d 112, 117-118, citing Family Ct Act § 1046 [a] [vi]). The out-of-court statements of the children were sufficiently corroborated by the testimony of the daughter's pediatrician and the testimony of the sexual abuse validator, and each child's statements cross-corroborated the other child's statements concerning the abuse ( see, Matter of Jaclyn P., 86 N.Y.2d 875, 878, cert denied sub nom. Papa v. Nassau County Dept. of Social Servs., 516 U.S. 1093; Matter of Nicole V., supra, at 121, 124; Matter of Jessica N., 234 A.D.2d 970, 971-972, appeal dismissed 90 N.Y.2d 1008; Matter of Latisha W., 221 A.D.2d 645). Additionally, the consistency of the children's out-of-court statements describing respondent's sexual conduct enhances the reliability of those out-of-court statements ( see, Matter of Rhianna R., 256 A.D.2d 1184; Matter of Jessica N., supra, at 972).


Summaries of

Matter of Rebecca S

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 16, 2000
269 A.D.2d 833 (N.Y. App. Div. 2000)
Case details for

Matter of Rebecca S

Case Details

Full title:MATTER OF REBECCA S. AND DANIEL T. S. ONTARIO COUNTY DEPARTMENT OF SOCIAL…

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

Date published: Feb 16, 2000

Citations

269 A.D.2d 833 (N.Y. App. Div. 2000)
703 N.Y.S.2d 626

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