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In re Rebecca S.

269 A.D.2d 833 Court N.Y. App. Div. Decision date 2000-02-16 English

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p. 833
In the Matter of Rebecca S. and Another, Children Alleged to be Abused. Ontario County Department of Social Services, Respondent; Daniel R. S., Appellant.
[703 NYS2d 626]

—Order unanimously affirmed without costs. Memorandum: Family Court’s determination that respondent sexually abused his daughter and son is supported by a preponderance of the evidence (see, Family Ct Act § 1046 [b] [i]; Matter of Philip M., 82 NY2d 238 , 243-244). “Unsworn out-of-court statements of the victim may be received and, if properly corroborated, will support a finding of abuse” (Matter of Nicole V., 71 NY2d 112 , 117-118, citing Family Ct Act § 1046 [a] [vi]). The out-of-court statements of the children were sufficiently corroborated by the testimony of the daughter’s pediatrician and the testimony of the sexual abuse validator, and each child’s statements cross-corroborated the other child’s statements concerning the abuse (see, Matter of Jaclyn P., 86 NY2d 875 , 878, cert denied sub nom. Papa v Nassau County Dept. of Social Servs., 516 US 1093 ; Matter of Nicole V., supra, at 121, 124; Matter of Jessica N, 234 AD2d 970 , 971-972, appeal dismissed 90 NY2d 1008 ; Matter of Latisha W., 221 AD2d 645 ). Additionally, the consistency of the children’s out-of-court statements describing respondent’s sexual conduct enhances the reliability of those out-of-court statements (see, Matter of Rhianna R., 256 AD2d 1184 ; Matter of Jessica N, supra, at 972 ). (Appeal from Order of Ontario County Family Court, Harvey, J. — Abuse.) Present — Wisner, J. P., Pigott, Jr., Hurlbutt and Balio, JJ.

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