Opinion
July 12, 1996
Appeal from the Erie County Family Court, Rosa, J.
Present — Lawton, J.P., Fallon, Callahan, Doerr and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: The child's out-of-court statements concerning two incidents of sexual abuse were properly admitted in this child abuse and neglect proceeding ( see, Family Ct Act § 1046 [a] [vi]), and those statements were sufficiently corroborated by the validation testimony of a social worker, to whose credentials the parties stipulated ( see, Matter of Nicole V., 71 N.Y.2d 112, 121; Matter of Commissioner of Social Servs. [Joanne W.] v. Edyth W., 210 A.D.2d 328; Matter of Kattressa S., 207 A.D.2d 1027; Matter of Department of Social Servs. [Carol Ann D.] v. Warren D., 195 A.D.2d 460, 461; Matter of Parul P., 185 A.D.2d 981, lv denied 82 N.Y.2d 651, cert denied sub nom. Rashmi P. v. Commissioner of Social Servs. of N.Y. City, 510 U.S. 1041; Matter of Beverly WW., 159 A.D.2d 802, 803; Matter of Linda K., 132 A.D.2d 149, 159, lv denied 70 N.Y.2d 616).
The proof is sufficient to support the inference that the touching of the child's vaginal area was for the purpose of sexual gratification. Sexual contact can occur through clothing ( see, People v. Boykin, 127 A.D.2d 1004, lv denied 69 N.Y.2d 1001). Moreover, Family Court was entitled to draw an unfavorable inference from respondent's failure to testify ( see, Matter of Commissioner of Social Servs. [Patricia A.] v. Philip De G., 59 N.Y.2d 137, 141; Matter of Nicole T., 178 A.D.2d 849, 850).