Opinion
December 31, 1998
Appeal from Order of Onondaga County Family Court, Klim, J. — Visitation.
Order unanimously affirmed without costs. Memorandum: Family Court's determination that respondent sexually abused his daughter Rhianna ( see, Family Ct Act § 1012 [e] [iii]) and that, as a consequence, his other daughter Nicole is a neglected child within the meaning of Family Court Act § 1012 Fam. Ct. Act (f) (i) (B) is supported by a preponderance of the evidence (see, Family Ct Act § 1046 [b] [i]). "Unsworn out-of-court statements of the victim may be received and, if properly corroborated, will support a finding of abuse or neglect" ( Matter of Nicole V., 71 N.Y.2d 112, 117-118, citing Family Ct Act § 1046 [a] [vi]). The out-of-court statements of Rhianna were amply corroborated by her unsworn but cross-examined testimony taken in camera ( see, Matter of Christina F., 74 N.Y.2d 532, 535), by a physical examination and by the testimony of two pediatricians and a social worker ( see, Matter of Jaclyn P., 86 N.Y.2d 875, 878, affg 179 A.D.2d 646, cert denied sub nom. Papa v. Nassau County Dept. of Social Servs., 516 U.S. 1093; Matter of Nicole V., supra, at 121; Matter of Jessica N., 234 A.D.2d 970, 971, appeal dismissed 90 N.Y.2d 1008; Matter of David DD., 204 A.D.2d 791, lv denied 84 N.Y.2d 813). Additionally, the consistency of Rhianna's statements to three witnesses describing respondent's sexual conduct enhances the reliability of those out-of-court statements ( see, Matter of Jessica N., supra, at 972; Matter of Keith C., 226 A.D.2d 369, lv denied 88 N.Y.2d 807; Matter of Jaclyn P., supra, 179 A.D.2d, at 651). Although respondent presented evidence in rebuttal, such evidence merely presented questions of fact for resolution by the court (see, Matter of Breann B., 185 A.D.2d 711; Matter of Elrheihem T., 185 A.D.2d 626).
The evidence also establishes that Nicole is a neglected child because the sexual abuse of Rhianna by respondent demonstrated a fundamental defect in his understanding of the duties and obligations of parenthood and created an atmosphere detrimental to the physical, mental and emotional well-being of Nicole as well (see, Family Ct Act § 1012 [f] [i]; Matter of James A., 217 A.D.2d 961; Matter of Lynelle W., 177 A.D.2d 1008, 1008-1009).
Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Boehm, JJ.