IN RE: YAZALIN P. (1998)

Supreme Court, Appellate Division, First Department, New York.

IN RE: YAZALIN P., et al., Children Under Eighteen Years of Age, etc., Lina B., Respondent–Appellant, Commissioner of Social Services of the City of New York, Petitioner–Respondent.

Decided: December 03, 1998

ROSENBERGER, J.P., WALLACH, RUBIN and SAXE, JJ.

Marcia Egger, for Yazalin P., et al. Kenneth M. Tuccillo, for Respondent–Appellant. Jay Douglas Dean, for Petitioner–Respondent.

Order of disposition, Family Court, New York County (Rhoda Cohen, J.), entered on or about May 21, 1997, placing the subject children in foster care for 12 months, upon a fact-finding determination of abuse and derivative abuse, unanimously affirmed, without costs.

The finding that respondent allowed a sex offense to be committed against the child is supported by the child's unexplained vaginal and anal herpes (Family Ct. Act §§ 1012[e][iii], 1046[a][ii]; Matter of J.S., 215 A.D.2d 213, 626 N.Y.S.2d 483, lv. denied 86 N.Y.2d 706, 632 N.Y.S.2d 500, 656 N.E.2d 599; Matter of Dawn B., 185 A.D.2d 340, 586 N.Y.S.2d 309). Respondent was properly precluded from cross-examining petitioner's expert witness with respect to the contents of a manual that the witness did not accept as authoritative (see, Ithier v. Solomon, 59 A.D.2d 935, 399 N.Y.S.2d 450; Kaplan v. International Paint, 250 A.D.2d 817, 671 N.Y.S.2d 704).

MEMORANDUM DECISION.

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