John S.B., Appellant. v. << (1999)

In this proceeding pursuant to Family Court Act article 10, respondent father appeals from an order of fact-finding and disposition of Family Court.   The order adjudicated the subject children to be abused by respondent;  released them to the care and custody of their mother under the supervision of petitioner for a period of 12 months;  and ordered that respondent “shall remain away from the children until each child reaches the age of 18” (see, Family Ct. Act § 1056[4] ).

 We reject respondent's contention that the court's finding of abuse was based on uncorroborated hearsay statements of the children.   The children's statements were adequately corroborated and thus constitute sufficient evidence to support a finding of abuse (see, Family Ct. Act § 1046 [a][vi] ).   It is well established that the out-of-court statements of one child may be corroborated by the out-of-court statements of another child (see, Matter of Nicole V., 71 N.Y.2d 112, 123–124, 524 N.Y.S.2d 19, 518 N.E.2d 914;  Matter of Elizabeth G., 255 A.D.2d 1010, 680 N.Y.S.2d 32;  Matter of Latisha W., 221 A.D.2d 645, 634 N.Y.S.2d 510;  Matter of Jennifer T., 212 A.D.2d 1039, 623 N.Y.S.2d 45).   It is equally well established that testimony from an expert validator may serve as sufficient corroboration of the child's out-of-court statements (see, Matter of Jaclyn P., 86 N.Y.2d 875, 878, 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 Nicole V., supra, at 120–122, 524 N.Y.S.2d 19, 518 N.E.2d 914;  Matter of Linda K., 132 A.D.2d 149, 158, 521 N.Y.S.2d 705, lv. denied 70 N.Y.2d 616, 526 N.Y.S.2d 437, 521 N.E.2d 444).

 We further reject the contention that respondent was deprived of effective assistance by counsel's stipulating to the expert validator's credentials and expertise.

Order unanimously affirmed without costs.

MEMORANDUM: