In re Rebecca S.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—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…
2Cases cited6 opinions
- In re Nicole V.New York Court of Appeals · 1987
- Matter of Philip M.New York Court of Appeals · 1993
- In re Jaclyn P.New York Court of Appeals · 1995
- In re Latisha W.Appellate Division of the Supreme Court of the State of New York · 1995
- In re Jessica N.Appellate Division of the Supreme Court of the State of New York · 1996
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3Cited by2 opinions
- In re Yorimar K.-M.Appellate Division of the Supreme Court of the State of New York · 2003
- B., JANIECE, MTR. OFAppellate Division of the Supreme Court of the State of New York · 2012