Opinion
November 12, 1999
Appeal from Order of Jefferson County Family Court, Morgan, J. — Abuse.
PRESENT: DENMAN, P. J., HAYES, HURLBUTT, SCUDDER AND BALIO, JJ.
Order unanimously affirmed without costs. Memorandum: Respondent appeals from an order of fact-finding and disposition determining, following a hearing, that respondent had sexually abused his daughter Megan. Family Court did not abuse its discretion in denying the motion for an examination of Megan by respondent's expert (see, Matter of Jessica R., 78 N.Y.2d 1031, 1033-1034; Matter of Stephanie A., 224 A.D.2d 1027, 1028, lv denied 88 N.Y.2d 814; Matter of Diana D., 218 A.D.2d 697, 697-698). Upon our review of the record, we conclude that the finding of abuse is supported by a preponderance of the evidence (see, Family Ct Act § 1046 [b] [i]; Matter of Philip M., 82 N.Y.2d 238, 243-244; Matter of Nicole V., 71 N.Y.2d 112, 117). Megan's out-of-court statements were sufficiently corroborated by the validation testimony of petitioner's expert witness (see, Family Ct Act § 1046 [a] [vi]; Matter of Jaclyn P., 86 N.Y.2d 875, 878, cert denied sub nom. Papa v. Nassau County Dept. of Social Servs., 516 U.S. 1093; Matter of Nicole V., supra, at 121; Matter of Heather P., 233 A.D.2d 912).