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MATTER OF YAZALIN P

Appellate Division of the Supreme Court of New York, First Department.
Dec 3, 1998

The finding that respondent allowed a sex offense to be committed against the child is supported by the child's unexplained vaginal and anal herpes (Family Ct Act § 1012 [e] [iii]; § 1046 Fam. Ct. Act [a] [ii]; Matter of J.S., 215 A.D.2d 213, lv denied 86 N.Y.2d 706; Matter of Dutchess County Dept. of Social Servs. [Dawn B.], 185 A.D.2d 340). Respondent was properly precluded from cross-examining petitioner's expert witness with respect to the contents of a manual that the witness did not accept as authoritative (see, Ithier v. Solomon, 59 A.D.2d 935; Kaplan v. International Paint, 250 A.D.2d 817).

Concur — Rosenberger, J. P., Wallach, Rubin and Saxe, JJ.