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Matter of Dawn

Appellate Division of the Supreme Court of New York, First Department
Nov 21, 1995
221 A.D.2d 235 (N.Y. App. Div. 1995)

Opinion

November 21, 1995

Appeal from the Family Court, Bronx County (Marjory Fields, J.).


Corroboration of the victims' out-of-court statements of sexual abuse by respondent was provided by the testimony of a social worker that the children's behavior, including age-inappropriate knowledge of female to female intercourse and other sexual behavior, manifested verbally and in play activities with anatomically correct dolls and drawings, was symptomatic of sexual abuse (see, Matter of Nicole V., 71 N.Y.2d 112, 117-118, 121).

Family Court properly exercised its discretion in denying respondent's motion under Family Court Act § 1038 (c) for a second validator of her choosing, in view of the many psychological evaluations already conducted, the evidence of anxiousness on the part of the children when recalling the abuse, and respondent's failure to show that the original validator was biased or unqualified, or to present any information about the expert she intended to use ( see, Matter of Mitchell P., 216 A.D.2d 202; Matter of Commissioner of Social Servs. of City of N Y [Joanne W.] v Edith W., 210 A.D.2d 328, 329; Matter of Nicole, 146 Misc.2d 610, 618).

Concur — Murphy, P.J., Sullivan, Wallach, Ross and Williams, JJ.


Summaries of

Matter of Dawn

Appellate Division of the Supreme Court of New York, First Department
Nov 21, 1995
221 A.D.2d 235 (N.Y. App. Div. 1995)
Case details for

Matter of Dawn

Case Details

Full title:In the Matter of DAWN H. and Others, Children Alleged to be Neglected…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 21, 1995

Citations

221 A.D.2d 235 (N.Y. App. Div. 1995)
633 N.Y.S.2d 782

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