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IN THE MATTER OF BRITTANY K

Appellate Division of the Supreme Court of New York, Second Department.
Sep 29, 2003
DECISION ORDER

ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.

The petitioner proved, by a preponderance of the evidence, that the father sexually abused his four-year-old daughter Brittany K. Contrary to the father's contentions, Brittany K.'s out-of-court statements were corroborated by several sources, including her older brother's independent description of inappropriate sexual conduct ( see Matter of Nicole V., 71 N.Y.2d 112; Matter of Latisha W., 221 A.D.2d 645). In addition, Brittany K.'s statements were corroborated by the medical evidence and the expert testimony that she displayed the classic symptoms of a sexually abused child, including age-inappropriate knowledge of sexual matters and the acting-out of sexual behavior ( see Matter of Victoria H., 255 A.D.2d 442).

Once the petitioner established a prima facie case of sexual abuse, the burden shifted to the father to come forward with a satisfactory explanation for his daughter's injuries ( see Matter of Themika V., 205 A.D.2d 787; Matter of Vincent M., 193 A.D.2d 398) . Here, the father's self-serving denials and speculative accusations were insufficient to rebut the petitioner's prima facie case of sexual abuse ( see Matter of Philip M., 186 A.D.2d 462, affd 82 N.Y.2d 238).

SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.