Opinion
June 28, 1994
Appeal from the Family Court, New York County (Bruce Kaplan, J.).
Family Court properly denied respondent's motion to reopen the fact-finding hearing to consider newly discovered medical records. Assuming, as respondent contends, that diligent efforts on his part to obtain all relevant materials were thwarted by petitioner's misrepresentations, the new evidence would not likely have produced a different result (CPLR 5015 [a] [2]). Nor is reversal warranted by Family Court's acceptance of the out-of-court statements of one child as corroborating those of another (Matter of Nicole V., 71 N.Y.2d 112, 123-124). The variations in the children's accounts of the incident were minor and do not support respondent's contention that reliance thereon in finding sexual abuse was an abuse of discretion (see, supra, at 119). We have considered respondent's other contentions and find them to be without merit.
Concur — Sullivan, J.P., Carro, Wallach, Williams and Tom, JJ.