Opinion
2012-03-23
In the Matter of JANIECE B., Jayme B.-S., and Jovan B.-S.Erie County Department of Social Services, Petitioner–Respondent;James D.B., Respondent–Appellant.
Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), entered June 14, 2011 in a proceeding pursuant to Family Court Act article 10. The order, among other things, adjudged that respondent had abused the subject children.Alan Birnholz, East Amherst, for respondent-appellant. Joseph T. Jarzembek, Buffalo, for petitioner-respondent.
Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), entered June 14, 2011 in a proceeding pursuant to Family Court Act article 10. The order, among other things, adjudged that respondent had abused the subject children.Alan Birnholz, East Amherst, for respondent-appellant. Joseph T. Jarzembek, Buffalo, for petitioner-respondent. David C. Schopp, Attorney for the Children, The Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D. Halvorsen Of Counsel), for Janiece B., Jayme B.-S., and Jovan B.-S.MEMORANDUM:
Respondent father appeals from a dispositional order determining, following a hearing, that he abused the subject children. Contrary to the father's contention, the out-of-court statements of the children “were sufficiently corroborated by other evidence tending to support their reliability” ( Matter of Lydia C., 89 A.D.3d 1434, 1435, 933 N.Y.S.2d 147; see Family Ct. Act § 1046[a][vi]; Matter of Nicole V., 71 N.Y.2d 112, 117–118, 524 N.Y.S.2d 19, 518 N.E.2d 914; Matter of Nicholas J.R., 83 A.D.3d 1490, 1490, 922 N.Y.S.2d 679, lv. denied 17 N.Y.3d 708, 2011 WL 4028757). The cross-corroborating accounts of the children with respect to the nature and progression of the sexual abuse “[gave] sufficient indicia of reliability to each [child's] out-of-court statements” ( Nicole V., 71 N.Y.2d at 124, 524 N.Y.S.2d 19, 518 N.E.2d 914; see Matter of Breanna R., 61 A.D.3d 1338, 1340, 876 N.Y.S.2d 829; Matter of Rebecca S., 269 A.D.2d 833, 703 N.Y.S.2d 626). The allegations of sexual abuse were further corroborated by the fact that the children “had age-inappropriate knowledge of sexual matters” ( Breanna R., 61 A.D.3d at 1340, 876 N.Y.S.2d 829; see Matter of Yorimar K.-M., 309 A.D.2d 1148, 1149, 765 N.Y.S.2d 283).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.