Opinion
March 19, 1992
Appeal from the Family Court, New York County (George L. Jurow, J.).
The petition originally filed charged Marie U., the natural mother of all three children, and appellant, the natural father of Elona, with abuse and neglect. A finding of neglect was also made against Marie U., who has not appealed from that order. Appellant's sole contention on appeal is that there was insufficient evidence to corroborate Estina's out-of-court statements alleging that he had sexually abused her. We find that the charge was proven by a preponderance of the evidence, and that Estina's repeated allegations, which are significant in themselves due to her young age (Matter of Nicole V., 71 N.Y.2d 112, rearg denied sub nom. Matter of Francis Charles W., 71 N.Y.2d 890), were sufficiently corroborated by the medical records indicating trauma and viral lesions around the vagina, as well as the testimony of the doctor who examined her that her hymen was not intact. Such evidence is commonly accepted as corroboration in this type of proceeding (see, e.g., Matter of Dutchess County Dept. of Social Servs. [George K.], 135 A.D.2d 631, lv denied 72 N.Y.2d 802). In addition, the doctor testified that Estina exhibited behavior commonly associated with children who have been sexually abused, providing yet further corroboration of Estina's allegations (Matter of Nicole V., supra, at 120-121).
Concur — Sullivan, J.P., Wallach, Asch, Kassal and Rubin, JJ.