Opinion
May 11, 1995
Appeal from the Family Court, Bronx County (Susan Larabee, J.).
The finding that appellant had sexually abused his daughter, N. McC., then age 3 1/2, was supported by more than the required preponderance of the evidence in this child protective proceeding under article 10 of the Family Court Act (see, Matter of Nicole V., 71 N.Y.2d 112, 117). The same is true as to derivative findings of abuse with respect to the two minor siblings who are the subject of these proceedings (see, Family Ct Act § 1046 [a] [i]). The fact that the children were found to have chlamydia in their vaginal and anal tracts was prima facie evidence of sexual abuse (see, Family Ct Act § 1046 [a] [ii]; Matter of Philip M., 82 N.Y.2d 238, 243, 244), and their out-of-court statements were properly admitted (Family Ct Act § 1046 [a] [vi]) and corroborated by a number of sources, including the testimony of the court appointed validator and social worker and others regarding the children's inappropriate knowledge and acting out of sexual behaviors (see, Matter of Laura W., 160 A.D.2d 585, lv denied 76 N.Y.2d 706). As testified to by the court appointed validator, the consistent repetition of the facts surrounding appellant's abuse by children of such a tender age, over a period of time, to a number of different individuals is significant and inconsistent with appellant's assertion that the children were either lying or being coached (see, Matter of Nicole V., supra, at 121-122; Matter of Estina W., 181 A.D.2d 554; Matter of Jaclyn P., 179 A.D.2d 646).
Concur — Sullivan, J.P., Rosenberger, Wallach, Kupferman and Asch, JJ.