In re Bethany F.
Opinion of the Court
Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J.), entered February 24, 2010 in a proceeding pursuant to Family Court. Act article 10. The order, inter alia, placed respondent under the supervision of petitioner.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this proceeding pursuant to Family Court Act article 10, respondent father appeals from an order that, inter alia, placed him under the supervision of petitioner based on a finding that he sexually abused his daughter. Contrary to the father’s contention, the finding of sexual abuse is supported by the requisite preponderance of the evidence (see § 1046 [b] [i]; Matter of Tammie Z., 66 NY2d 1, 3 [1985]).
Contrary to the father’s further contention, Family Court did not abuse its discretion in denying his motion for a Frye hearing with respect to the admissibility of validation testimony of a court-appointed mental health counselor. “Once a scientific procedure has been proved reliable, a Frye inquiry need not be conducted each time such evidence is offered[, and courts] may take judicial notice of [its] reliability” (People v Hopkins, 46
We further conclude that the court properly determined that the out-of-court statements of the child were sufficiently corroborated (see Nicole V., 71 NY2d at 118-119). We have reviewed the father’s remaining contentions and conclude that they are without merit. Present — Scudder, P.J., Centra, Peradotto, Gorski and Martoche, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.