Appellate Division of the Supreme Court of New York, 2000

In re Rebecca S.

In re Rebecca S.
Appellate Division of the Supreme Court of New York · Decided February 16, 2000
269 A.D.2d 833; 703 N.Y.S.2d 626; 2000 N.Y. App. Div. LEXIS 1765
In re Rebecca S.

Cases that cite this one

2 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion 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 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.