Rickie E., Respondent-Appellant (Appeal No. 1.) v. << (1999)

Respondent appeals from an order of fact-finding and disposition of Family Court determining following a hearing that respondent had sexually abused his seven-year-old daughter (appeal No. 1) and from an order of fact-finding and disposition of the same court determining that he had derivatively neglected his nine-year-old son (appeal No. 3).   The court issued a protective order pertaining to each child and directed that each child be removed from respondent's care and custody.

Upon our review of the record, we conclude that the findings of abuse and neglect are supported by a preponderance of the evidence (see, Family Ct. Act § 1046[b][i];  Matter of Nicole V., 71 N.Y.2d 112, 117, 524 N.Y.S.2d 19, 518 N.E.2d 914;  Matter of Colleen A. S., 242 A.D.2d 877, 878, 662 N.Y.S.2d 673).   The validation testimony of petitioner's expert witness is sufficient to corroborate the out-of-court statements of respondent's daughter (see, Matter of Nicole V., supra, at 121, 524 N.Y.S.2d 19, 518 N.E.2d 914;  Matter of Camron R. [appeal No. 1], 251 A.D.2d 1073, 674 N.Y.S.2d 218;  Matter of Stephanie A., 224 A.D.2d 1027, 1028, 637 N.Y.S.2d 904, lv. denied 88 N.Y.2d 814, 651 N.Y.S.2d 15, 673 N.E.2d 1242).   In addition, the court properly admitted testimony concerning the use of anatomically correct dolls and pictures that assisted respondent's daughter in explaining the acts of abuse (see, e.g., Matter of Delores W., 190 A.D.2d 611, 612, 593 N.Y.S.2d 816;  Matter of Erin G., 139 A.D.2d 737, 738, 527 N.Y.S.2d 488).

Order unanimously affirmed without costs.

MEMORANDUM: