Opinion
May 22, 1989
Appeal from the Family Court, Westchester County (Bellantoni, J.).
Ordered that the orders are affirmed, without costs or disbursements.
Upon our review of the record, we conclude that the Family Court's finding of abuse is supported by a preponderance of the evidence adduced at the fact-finding hearing (see, Matter of Nicole V., 71 N.Y.2d 112, 117; Matter of Tammie Z., 66 N.Y.2d 1, 3). The child related the incidents of abuse to the court during in camera testimony (see, Matter of Tyson G., 144 A.D.2d 673; Matter of Erin G., 139 A.D.2d 737), and her grandmother testified that she experienced nightmares following the incident (see, Matter of Nicole V., 123 A.D.2d 97, affd 71 N.Y.2d 112, supra; Matter of Tyson G., supra). Validation evidence was elicited from an expert witness indicating that the child was exhibiting the characteristics associated with a syndrome experienced by sexually abused children (see, Matter of Nicole V., 71 N.Y.2d 112, 120-122, supra; Matter of Erin G., supra, at 739; Matter of Linda K, 132 A.D.2d 149).
Further, the Family Court did not improvidently exercise its discretion in denying the father's motion pursuant to CPLR 5015 (a) (2) for a new hearing based on newly discovered evidence (see, National Hotel Mgt. Corp. v Shelton Towers Assocs., 111 A.D.2d 154, appeal dismissed 65 N.Y.2d 1053). The evidence relied upon by the father in support of his motion did not meet the criteria for newly discovered evidence (see, Pezenik v Milano, 137 A.D.2d 748, appeal dismissed 72 N.Y.2d 909; Matter of Commercial Structures v City of Syracuse, 97 A.D.2d 965).
Finally, we find no basis upon which to disturb the court's determination that the child be released to her mother and that the father have no contact with the child until further order of the court (see, Matter of Erin G., supra). Mangano, J.P., Thompson, Eiber and Spatt, JJ., concur.