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In re Abby Gail E.

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1993
191 A.D.2d 696 (N.Y. App. Div. 1993)

Opinion

March 29, 1993

Appeal from the Family Court, Rockland County (Warren, J.).


Ordered that the order of disposition is affirmed, without costs or disbursements.

The evidence adduced at the fact-finding hearing was sufficient to prove the alleged sexual abuse by the requisite preponderance of the evidence (see, Family Ct Act § 1046 [b] [i]; Matter of Tammie Z., 66 N.Y.2d 1, 3-5). In particular, we find that the medical evidence, and the validation testimony of Dr. Anne H. Meltzer, a duly qualified expert in the field of child sexual abuse, constituted sufficient corroboration of the out-of-court statements made by the abused child (see, Family Ct Act § 1046 [a] [vi]; Matter of Nicole V., 71 N.Y.2d 112; Matter of Nicole G., 187 A.D.2d 650; Matter of Justina S., 180 A.D.2d 642).

We further conclude that the order directing the appellant to involve himself in sex offender's therapy did not constitute an improvident exercise of discretion (see, Family Ct Act § 1057; cf., Matter of Michael S., 175 A.D.2d 837, 838). Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.


Summaries of

In re Abby Gail E.

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1993
191 A.D.2d 696 (N.Y. App. Div. 1993)
Case details for

In re Abby Gail E.

Case Details

Full title:In the Matter of ABBY GAIL E. and Others, Children Alleged to be Abused…

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

Date published: Mar 29, 1993

Citations

191 A.D.2d 696 (N.Y. App. Div. 1993)
595 N.Y.S.2d 534

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