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Matter of Rosemary F

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 18, 1999
262 A.D.2d 1036 (N.Y. App. Div. 1999)

Opinion

June 18, 1999

Appeal from Order of Erie County Family Court, Dillon, J. — Abuse.

PRESENT: DENMAN, P. J., PINE, WISNER, HURLBUTT AND CALLAHAN, JJ.


Order unanimously affirmed without costs. Memorandum: Respondent appeals from an order of fact-finding and disposition of Family Court determining following a hearing that respondent had sexually abused his seven-year-old daughter (appeal No. 1) and from an order of fact-finding and disposition of the same court determining that he had derivatively neglected his nine-year-old son (appeal No. 3). The court issued a protective order pertaining to each child and directed that each child be removed from respondent's care and custody.

Upon our review of the record, we conclude that the findings of abuse and neglect are supported by a preponderance of the evidence (see, Family Ct Act § 1046 [b] [i]; Matter of Nicole V., 71 N.Y.2d 112, 117; Matter of Colleen A. S., 242 A.D.2d 877, 878) The validation testimony of petitioner's expert witness is sufficient to corroborate the out-of-court statements of respondent's daughter (see, Matter of Nicole V., supra, at 121; Matter of Camron R. [appeal No. 1], 251 A.D.2d 1073; Matter of Stephanie A., 224 A.D.2d 1027, 1028, lv denied 88 N.Y.2d 814). In addition, the court properly admitted testimony concerning the use of anatomically correct dolls and pictures that assisted respondent's daughter in explaining the acts of abuse (see, e.g., Matter of Delores W., 190 A.D.2d 611, 612; Matter of Erin G., 139 A.D.2d 737, 738).


Summaries of

Matter of Rosemary F

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 18, 1999
262 A.D.2d 1036 (N.Y. App. Div. 1999)
Case details for

Matter of Rosemary F

Case Details

Full title:MATTER OF ROSEMARY F. ERIE COUNTY DEPARTMENT OF SOCIAL SERVICES…

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

Date published: Jun 18, 1999

Citations

262 A.D.2d 1036 (N.Y. App. Div. 1999)
691 N.Y.S.2d 849