Stephen K., Respondent-Appellant. v. << (2007)

 Petitioner commenced this proceeding seeking an adjudication that respondent sexually abused his daughter, Kalifa, and that respondent's two other children were abused derivatively pursuant to Family Court Act § 1046(a)(i).   We agree with respondent that Family Court erred in sustaining the petition.   A child victim's unsworn out-of-court statements may be sufficient evidence of abuse if there is corroboration of those statements (see § 1046[a][vi];  see also Matter of Nicole V., 71 N.Y.2d 112, 117-118, 524 N.Y.S.2d 19, 518 N.E.2d 914).   Here, however, no corroborating evidence was offered.   Validation testimony from a witness with expertise in child abuse may serve as sufficient corroboration if such witness testifies that the child's behavior is consistent with the behavior of children who have been abused (see Nicole V., 71 N.Y.2d at 120-121, 524 N.Y.S.2d 19, 518 N.E.2d 914;  Matter of Shawn P., 266 A.D.2d 907, 908, 697 N.Y.S.2d 901, lv. denied 94 N.Y.2d 760, 706 N.Y.S.2d 81, 727 N.E.2d 578;  Matter of Jessica DD., 234 A.D.2d 785, 786, 651 N.Y.S.2d 673, lv. denied 89 N.Y.2d 812, 657 N.Y.S.2d 404, 679 N.E.2d 643;  Matter of Heather P., 233 A.D.2d 912, 913, 649 N.Y.S.2d 551;  see also Matter of Jaclyn P., 179 A.D.2d 646, 648, 578 N.Y.S.2d 252, affd. 86 N.Y.2d 875, 635 N.Y.S.2d 169, 658 N.E.2d 1042, cert. denied sub nom. Papa v. Nassau County Dept. of Social Servs., 516 U.S. 1093, 116 S.Ct. 816, 133 L.Ed.2d 760;  Matter of Lisa Z., 267 A.D.2d 800, 802, 699 N.Y.S.2d 810).   Here, however, none of petitioner's witnesses gave testimony establishing her expertise in child sexual abuse or even child abuse, and none discussed symptoms or behaviors commonly seen in victims of child sexual abuse by way of comparison to symptoms or behaviors displayed by Kalifa.   Further, Kalifa's repetitive statements to various persons do not constitute sufficient corroboration (see Matter of Francis Charles W., 71 N.Y.2d 112, 124, 524 N.Y.S.2d 19, 518 N.E.2d 914, rearg. denied 71 N.Y.2d 890, 527 N.Y.S.2d 772, 522 N.E.2d 1070;  Matter of Sasha R., 24 A.D.3d 902, 903, 805 N.Y.S.2d 476;  Matter of Tomas E. [Appeal No. 2], 295 A.D.2d 1015, 1019, 745 N.Y.S.2d 800).   We therefore reverse the order, dismiss the petition, and vacate the order of protection (see Sasha R., 24 A.D.3d at 903, 805 N.Y.S.2d 476;   Matter of Jared XX., 276 A.D.2d 980, 983, 714 N.Y.S.2d 580).   In light of our determination, there is no need to address respondent's remaining contentions.

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the petition is dismissed, and the order of protection is vacated.

MEMORANDUM: