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Matter of Tyler K

Appellate Division of the Supreme Court of New York, Fourth Department
May 7, 1999
261 A.D.2d 834 (N.Y. App. Div. 1999)

Opinion

May 7, 1999

Appeal from Order of Monroe County Family Court, Taddeo, J. — Abuse.

Present — Pine, J. P., Wisner, Hurlbutt, Scudder and Callahan, JJ.


Order unanimously affirmed without costs. Memorandum: Family Court did not abuse its discretion in denying the application of respondent for a further physical examination and psychological assessment of his 3 1/2-year-old daughter, Brandy, nor did the court err in denying respondent's request that Brandy either testify at trial or be interviewed in camera by the court ( 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 Commissioner of Social Servs. of City of N. Y. [Woodley B.] v. Joseph B., 207 A.D.2d 885). Contrary to respondent's contentions, the testimony of Brandy's physician is sufficient to corroborate Brandy's out-of-court statements ( see, Family Ct Act § 1046 [a] [vi]; Matter of Jessica N., 234 A.D.2d 970, appeal dismissed 90 N.Y.2d 1008; Matter of Estina W., 181 A.D.2d 554), and the court's finding that Brandy was sexually abused by respondent is supported by a preponderance of the evidence ( see, Family Ct Act § 1046 [b]; Matter of Nicole V., 71 N.Y.2d 112, 119; Matter of Stephanie B., 245 A.D.2d 1062). In light of respondent's hostile and uncooperative attitude, the court did not abuse its discretion in prohibiting respondent from contacting his children and ordering that supervised visitation could occur only upon petitioner's recommendation, after respondent received counseling ( see, Matter of Camron R., 251 A.D.2d 1073).


Summaries of

Matter of Tyler K

Appellate Division of the Supreme Court of New York, Fourth Department
May 7, 1999
261 A.D.2d 834 (N.Y. App. Div. 1999)
Case details for

Matter of Tyler K

Case Details

Full title:In the Matter of TYLER K., and Others, Children Alleged to be Abused…

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

Date published: May 7, 1999

Citations

261 A.D.2d 834 (N.Y. App. Div. 1999)
689 N.Y.S.2d 571

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