Opinion
May 15, 1997
Appeal from the Family Court, New York County (Sara Schechter, J.).
The granddaughter's clear, detailed, consistent and repeated out-of-court statements of abuse were strongly corroborated by medical evidence of vaginal abnormalities (Family Ct Act § 1046[a][vi]; see, Matter of Nicole V., 71 N.Y.2d 112, 122; Matter of Estina W., 181 A.D.2d 554) and proof of appellant's violation of an order of protection that had been issued upon prior findings of his sexual abuse of the granddaughter and barring his contact with her. The derivative finding of neglect as to the son was properly based on the abuse of the granddaughter (Family Ct Act § 1046[a][i]; see, Matter of Jaquay O., 223 A.D.2d 422, lv denied 88 N.Y.2d 801). The dispositional directive that appellant complete sex offender treatment before being allowed unsupervised visits with the son was a proper exercise of discretion, in view of appellant's repeated abuse of the granddaughter and evidence that his daughter and wife are fearful of him, all of which shows a man with a faulty understanding of parenting and no regard for the welfare of his family.
Concur — Milonas, J.P., Nardelli, Williams and Andrias, JJ.