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).