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Matter of Kelly

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 1991
175 A.D.2d 803 (N.Y. App. Div. 1991)

Opinion

August 5, 1991

Appeal from the Family Court, Dutchess County (Bernhard, J.).


Ordered that appeals from the decisions are dismissed, without costs or disbursements; and it is further,

Ordered that the appeal from the order entered February 5, 1990, which found that the mother had violated an order of protection is dismissed, without costs or disbursements (see, CPLR 5511); and it is further,

Ordered that the remaining orders are affirmed, without costs or disbursements.

The appeals from the decisions must be dismissed because no appeal lies from a decision (see, Schicchi v Green Constr. Corp., 100 A.D.2d 509).

With respect to the orders which aggrieve the appellant, we note that, contrary to the father's contentions herein, the out-of-court statements made by his twin daughters concerning the alleged abuse were sufficiently corroborated within the meaning of Family Court Act § 1046 (a) (vi) (see, Matter of Nicole V., 71 N.Y.2d 112). We also reject the appellant's contention that the evidence at the fact-finding hearing was insufficient to support the court's findings. There was substantial medical evidence that established that the twin sisters' vaginal and rectal openings were enlarged (see, e.g., Matter of Laura W., 160 A.D.2d 585). Further corroboration was provided by the validation testimony of a social worker and a therapist that the girls' behavioral symptoms, exhibited during therapy sessions, including age-inappropriate knowledge of sexual behavior manifested verbally and in play activities, evidenced post-traumatic stress syndrome as a result of sexual abuse (see, Matter of Nicole V., 123 A.D.2d 97, 108, affd 71 N.Y.2d 112, 121-122, supra). The overwhelming evidence showed that appellant violated an order of protection and subjected his daughters to several incidents of sexual molestation and abuse. Kunzeman, J.P., Rosenblatt, Miller and Ritter, JJ., concur.


Summaries of

Matter of Kelly

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 1991
175 A.D.2d 803 (N.Y. App. Div. 1991)
Case details for

Matter of Kelly

Case Details

Full title:In the Matter of KELLY F. and Another. DUTCHESS COUNTY DEPARTMENT OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 5, 1991

Citations

175 A.D.2d 803 (N.Y. App. Div. 1991)
573 N.Y.S.2d 192

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