In re Alexis S.
Opinion of the Court
In related child protective proceedings pursuant to Family Court Act article 10, the father appeals, as limited by his brief, from so much of an order of fact-finding of the Family Court, Westchester County (Malone, J.), entered January 28, 2013, as, after a fact-finding hearing, found that he abused and neglected the child Alexis S. and derivatively neglected the children Mariah S. and Mekhai S.
Ordered that the order of fact-finding is affirmed insofar as appealed from, without costs 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. [Richard D.E.], 96 AD3d 744, 744 [2012] [internal quotation marks omitted]; see Family Ct Act § 1046 [a] [vi]; Matter of Nicole V., 71 NY2d 112, 123 [1987]; Matter of Nicole
Contrary to the father’s contention, the record supports the Family Court’s determination that the testimony of the petitioner’s child sexual abuse expert sufficiently corroborated Alexis S.’s out-of-court disclosures so as to establish a prima facie case of sexual 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).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.