Opinion
2001-11018
Argued September 5, 2003.
September 29, 2003.
In two related child protective proceedings pursuant to Family Court Act article 10, the father appeals, as limited by his brief, from so much of an order of fact-finding and disposition of the Family Court, Suffolk County (Spinner, J.), entered December 18, 2001, as, upon a decision of the same court entered November 16, 2001, made after a hearing, found that he sexually abused Brittany K. The notice of appeal from the decision is deemed to be a notice of appeal from the order of fact-finding and disposition ( see CPLR 5512).
Marina M. Martielli, East Quogue, N.Y., for appellant.
Robert J. Cimino, County Attorney, Central Islip, N.Y. (Frank Krotschinsky of counsel), for respondent.
Michael S. Bromberg, Sag Harbor, N.Y., Law Guardian for the child.
Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.
The petitioner proved, by a preponderance of the evidence, that the father sexually abused his four-year-old daughter Brittany K. Contrary to the father's contentions, Brittany K.'s out-of-court statements were corroborated by several sources, including her older brother's independent description of inappropriate sexual conduct ( see Matter of Nicole V., 71 N.Y.2d 112; Matter of Latisha W., 221 A.D.2d 645). In addition, Brittany K.'s statements were corroborated by the medical evidence and the expert testimony that she displayed the classic symptoms of a sexually abused child, including age-inappropriate knowledge of sexual matters and the acting-out of sexual behavior ( see Matter of Victoria H., 255 A.D.2d 442).
Once the petitioner established a prima facie case of sexual abuse, the burden shifted to the father to come forward with a satisfactory explanation for his daughter's injuries ( see Matter of Themika V., 205 A.D.2d 787; Matter of Vincent M., 193 A.D.2d 398) . Here, the father's self-serving denials and speculative accusations were insufficient to rebut the petitioner's prima facie case of sexual abuse ( see Matter of Philip M., 186 A.D.2d 462, affd 82 N.Y.2d 238).
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.