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IN RE: BRIANA A. Wyoming County Department of Social Services, Petitioner-Respondent; Alvin V., Jr., Respondent-Appellant.
On appeal from an order adjudicating his child to be an abused and neglected child, respondent father contends that Family Court erred in relying upon the child's unsworn out-of-court statements in granting the petitions because those statements were not corroborated. We reject that contention (see generally Family Ct. Act § 1046[a][vi]; Matter of Nicole V., 71 N.Y.2d 112, 117-118, 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). Although a child's “repetitive statements to various persons do not constitute sufficient corroboration” (Matter of Kalifa K., 37 A.D.3d 1180, 1181, 829 N.Y.S.2d 794), “[a]ny other evidence tending to support the reliability of the previous statements” may constitute sufficient corroboration (§ 1046[a][vi] ). Here, the corroboration requirement was met by “the child's age-inappropriate knowledge of sexual conduct” (Matter of Yorimar K.-M., 309 A.D.2d 1148, 1149, 765 N.Y.S.2d 283), which “demonstrated specific knowledge of sexual activity” (Nicole V., 71 N.Y.2d at 122, 524 N.Y.S.2d 19, 518 N.E.2d 914).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
MEMORANDUM:
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Decided: April 25, 2008
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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