Opinion
March 10, 1989
Appeal from the Erie County Family Court, Killeen, J.
Present — Callahan, J.P., Boomer, Green, Lawton and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: Petitioner established by a preponderance of the evidence that respondent sexually abused his two daughters, 8 and 10 years of age (see, Family Ct Act § 1012 [e] [iii]; § 1046 [b] [i]; Matter of Ryan D., 125 A.D.2d 160). The proof of abuse consisted of out-of-court statements of each child corroborated and validated by testimony of the mother, an agency caseworker, two qualified therapists (see, Matter of Nicole V., 71 N.Y.2d 112) and by the children's in camera testimony (see, Matter of Tantalyn TT., 115 A.D.2d 799, 801; Matter of Cindy JJ., 105 A.D.2d 189, 190-191). Moreover, the children's in camera testimony needed no corroboration (see, Family Ct Act § 1012 [e] [iii]), notwithstanding the fact that the youngest daughter testified unsworn (see, Family Ct Act § 152 [b]; Matter of Elizabeth D., 139 A.D.2d 66). Family Court did not abuse its discretion in denying respondent's motion for pretrial depositions of the mother and one of the therapists. Absent special circumstances not present here, such depositions are not appropriate in child protective proceedings (see, Family Ct Act § 165 [a]; Matter of Carla L., 45 A.D.2d 375, 387; Matter of Schwartz v. Schwartz, 23 A.D.2d 204; Matter of Kunz v. Kunz, 119 Misc.2d 80; Matter of Maria F., 104 Misc.2d 319). We have considered respondent's remaining claims and find that each one lacks merit.