Majority
p. 55In the Matter of Yazalin P. and Others, Children Alleged to be Abused. Lina B., Appellant; Commissioner of Social Services of the City of New York, Respondent. [680 NYS2d 530]
—Order of disposition, Family Court, New York County (Rhoda Cohen, J.), entered on or about May 21, 1997, placing the subject children in foster care for 12 months, upon a fact-finding determination of abuse and derivative abuse, unanimously affirmed, without costs.
The finding that respondent allowed a sex offense to be committed against the child is supported by the child’s unexplained vaginal and anal herpes (Family Ct Act § 1012 [e] [iii]; § 1046 [a] [ii]; Matter of J.S., 215 AD2d 213 , lv denied 86 NY2d 706 ; Matter of Dutchess County Dept. of Social Servs. [Dawn B.], 185 AD2d 340 ). Respondent was properly precluded from cross-
p. 56
examining petitioner’s expert witness with respect to the contents of a manual that the witness did not accept as authoritative (see, Ithier v Solomon, 59 AD2d 935 ; Kaplan v International Paint, 250 AD2d 817 ). Concur — Rosenberger, J. P., Wallach, Rubin and Saxe, JJ.
Cases cited
- In re J.S. 215 AD2d 213 p. 55
- In re Dutchess County Department of Social Services 185 AD2d 340 p. 55
- Kaplan v. International Paint (U.S.A.), Inc. 250 AD2d 817 p. 56