Majority
—Order unanimously affirmed without costs. Memorandum: Family Court’s determination that respondent sexually abused his daughter Rhianna (see, Family Ct Act § 1012 [e] [iii]) and that, as a consequence, his other daughter Nicole is a neglected child within the meaning of Family Court Act § 1012 (f) (i) (B) is supported by a preponderance of the evidence (see, Family Ct Act § 1046 [b] [i]). “Unsworn out-of-court statements of the victim may be received and, if properly corroborated, will support a finding of abuse or neglect” (Matter of Nicole V., 71 NY2d 112 , 117-118, citing Family Ct Act § 1046 [a] [vi]). The out-of-court statements of Rhianna were amply corroborated by her unsworn but cross-examined testimony taken in camera (see, Matter of Christina F., 74 NY2d 532 , 535), by a physical examination and by the testimony of two pediatricians and a social worker (see, Matter of Jaclyn P., 86 NY2d 875 , 878, affg 179 AD2d 646 , cert denied sub nom. Papa v Nassau County Dept. of Social Servs., 516 US 1093 ; Matter of Nicole V., supra, at 121; Matter of Jessica N., 234 AD2d 970 , 971, appeal dismissed 90 NY2d 1008 ; Matter of David DD., 204 AD2d 791 , lv denied 84 NY2d 813 ). Additionally, the consistency of Rhianna’s statements to three witnesses describing respondent’s sexual conduct enhances the reliability of those out-of-court statements (see, Matter of Jessica N., supra, at 972; Matter of Keith C., 226 AD2d 369 , lv denied 88 NY2d 807 ; Matter ofJaclyn P., supra, 179 AD2d, at 651 ). Although respondent presented evidence in
The evidence also establishes that Nicole is a neglected child because the sexual abuse of Rhianna by respondent demonstrated a fundamental defect in his understanding of the duties and obligations of parenthood and created an atmosphere detrimental to the physical, mental and emotional well-being of Nicole as well (see, Family Ct Act § 1012 [f] [i]; Matter of James A., 217 AD2d 961 ; Matter of Lynelle W., 177 AD2d 1008 , 1008-1009). (Appeal from Order of Onondaga County Family Court, Klim, J. — Abuse.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Boehm, JJ.
Cases cited
- In re Nicole V. 71 NY2d 112 at 117-118 p. 1184
- In re Christina F. 74 NY2d 532 at 535 p. 1184
- In re Jaclyn P. 86 NY2d 875 at 878 p. 1184
- In re Jaclyn P. 179 AD2d 646 p. 1184
- In re Jessica N. 234 AD2d 970 at 971 p. 1184
- In re David DD. 204 AD2d 791 p. 1184
- In re Keith C. 226 AD2d 369 p. 1184