| Matter of Alexis S. (Edward S.) |
| 2014 NY Slip Op 01759 [115 AD3d 866] |
| March 19, 2014 |
| Appellate Division, Second Department |
| In the Matter of Alexis S. Westchester County Departmentof Social Services, Respondent; Edward S., Appellant. (Proceeding No. 1.) In the Matterof Mariah S. Westchester County Department of Social Services, Respondent; EdwardS., Appellant. (Proceeding No. 2.) In the Matter of Mekhai S. Westchester CountyDepartment of Social Services, Respondent; Edward S., Appellant. (Proceeding No.3.) |
—[*1] Robert F. Meehan, County Attorney, White Plains, N.Y. (James Castro-Blanco andThomas G. Gardiner of counsel), for respondent. Janet Gandolfo, Sleepy Hollow, N.Y., attorney for the children.
In related child protective proceedings pursuant to Family Court Act article 10, thefather appeals, as limited by his brief, from so much of an order of fact-finding of theFamily Court, Westchester County (Malone, J.), entered January 28, 2013, as, after afact-finding hearing, found that he abused and neglected the child Alexis S. andderivatively neglected the children Mariah S. and Mekhai S.
Ordered that the order of fact-finding is affirmed insofar as appealed from, withoutcosts or disbursements.
A child's prior out-of-court statements may provide the basis for a finding of abuse,"provided that these hearsay statements are corroborated, so as to ensure their reliability"(Matter of Jada K.E. [RichardD.E.], 96 AD3d 744, 744 [2012] [internal quotation marks omitted]; seeFamily Ct Act § 1046 [a] [vi]; Matter of Nicole V., 71 NY2d 112, 123[1987]; Matter of Nicole G.[Louis G.], 105 AD3d 956 [2013]; Matter of Anthony S. [Dawn N.], 98 AD3d 519, 520[2012]). "Any other evidence tending to support the reliability of the previous statements. . . shall be sufficient corroboration" (Family Ct Act § 1046 [a] [vi]).Validation testimony from an expert that the child's psychological and behavioralcharacteristics lead the expert to conclude that the child was sexually abused may supply[*2]the corroboration of the child's out-of-courtstatements necessary to make out a prima facie case of sexual abuse (see Matter ofNicole V., 71 NY2d at 121; Matter of Linda K., 132 AD2d 149, 159-160[1987]). However, as with any expert opinion, the validation testimony must meet athreshold of reliability (seeMatter of Iyonte G. [Charles J.R.], 82 AD3d 765, 767 [2011]; Matter ofNassau County Dept. of Social Servs. v Denise S., 173 AD2d 830, 830-831 [1991])."The Family Court has considerable discretion in deciding whether a child's out-of-courtstatements alleging incidents of abuse have been reliably corroborated" (Matter ofNicole G. [Louis G.], 105 AD3d at 956; see Matter of Nicole V., 71 NY2d at119; Matter of Jada K.E. [Richard D.E.], 96 AD3d at 744; Matter of Tristan R., 63 AD3d1075, 1077 [2009]). The Family Court's credibility findings must be accordedconsiderable deference on appeal (see Matter of Nicole G. [Louis G.], 105 AD3dat 956; Matter of Jada K.E. [Richard D.E.], 96 AD3d at 745; Matter of Jeshaun R. [Ean R.],85 AD3d 798 [2011]).
Contrary to the father's contention, the record supports the Family Court'sdetermination that the testimony of the petitioner's child sexual abuse expert sufficientlycorroborated Alexis S.'s out-of-court disclosures so as to establish a prima facie case ofsexual abuse against the father (see Matter of Nicole V., 71 NY2d at 119;Matter of Tristan R., 63 AD3d at 1077; cf. Matter of Nicole G.[Louis G.], 105 AD3d at 957). Rivera, J.P., Balkin, Hinds-Radix and Maltese,JJ., concur.