PETITIONER RESPONDENT BRYAN RESPONDENT APPELLANT v. << (2010)

MEMORANDUM AND ORDER

CHARLES PLOVANICH, ATTORNEY FOR THE CHILD, ROCHESTER, FOR SHARDANAE T.-L.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum:  In this proceeding pursuant to Family Court Act article 10, respondent father appeals from an order that, inter alia, found that he had sexually abused his daughter.   Contrary to the contention of the father, the finding of sexual abuse is supported by the requisite preponderance of the evidence (see § 1046[b][i];  Matter of Tammie Z., 66 N.Y.2d 1, 3).  “The determination of Family Court is entitled to great weight and should not be disturbed ‘unless clearly unsupported by the record’ “ (Matter of Stephanie B., 245 A.D.2d 1062, 1062), which is not the case here.   Contrary to the further contention of the father, the court properly determined that the out-of-court statements of the daughter were sufficiently corroborated by the testimony of the sexual abuse validator (see Matter of Nichole V., 71 N.Y.2d 112, 118-119;  Matter of Christina A.M., 30 AD3d 1064, lv denied 7 NY3d 712), as well as by “the child's age-inappropriate knowledge of sexual conduct” (Matter of Yorimar K.-M., 309 A.D.2d 1148, 1149;  see Matter of Briana A., 50 AD3d 1560).

Patricia L. Morgan

Clerk of the Court