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Matter of MEGAN G. Jefferson County Department of Social Services, Petitioner-Respondent; Ronald F. G., Respondent-Appellant. (Appeal No. 1.)
Respondent appeals from an order of fact-finding and disposition determining, following a hearing, that respondent had sexually abused his daughter Megan. Family Court did not abuse its discretion in denying the motion for an examination of Megan by respondent's expert (see, Matter of Jessica R., 78 N.Y.2d 1031, 1033-1034, 576 N.Y.S.2d 77, 581 N.E.2d 1332; 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; Matter of Diana D., 218 A.D.2d 697, 697-698, 630 N.Y.S.2d 382). Upon our review of the record, we conclude that the finding of abuse is supported by a preponderance of the evidence (see, Family Ct. Act § 1046[b][i]; Matter of Philip M., 82 N.Y.2d 238, 243-244, 604 N.Y.S.2d 40, 624 N.E.2d 168; Matter of Nicole V., 71 N.Y.2d 112, 117, 524 N.Y.S.2d 19, 518 N.E.2d 914). Megan's out-of-court statements were sufficiently corroborated by the validation testimony of petitioner's expert witness (see, Family Ct. Act § 1046[a][vi]; 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 121, 524 N.Y.S.2d 19, 518 N.E.2d 914; Matter of Heather P., 233 A.D.2d 912, 649 N.Y.S.2d 551).
Order unanimously affirmed without costs.
MEMORANDUM:
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Decided: November 12, 1999
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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