Poromon v. Evans, 959
| Decision Date | 04 October 2019 |
| Docket Number | 959,CAF 18–00436 |
| Citation | 112 N.Y.S.3d 366,176 A.D.3d 1642 |
| Parties | In the Matter of Sunny B. POROMON, Petitioner–Respondent, v. Monique T. EVANS, Respondent–Appellant, and Evelyn Adams, Now Known as Evans, Respondent. |
| Court | New York Supreme Court — Appellate Division |
176 A.D.3d 1642
112 N.Y.S.3d 366
In the Matter of Sunny B. POROMON, Petitioner–Respondent,
v.
Monique T. EVANS, Respondent–Appellant, and Evelyn Adams, Now Known as Evans, Respondent.
959
CAF 18–00436
Supreme Court, Appellate Division, Fourth Department, New York.
Entered: October 4, 2019
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (TIMOTHY S. DAVIS OF COUNSEL), FOR RESPONDENT–APPELLANT.
HANDELMAN, WITKOWICZ & LEVITSKY, LLP, ROCHESTER (STEVEN M. WITKOWICZ OF COUNSEL), FOR PETITIONER–RESPONDENT.
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, DEJOSEPH, AND CURRAN, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: Respondent mother appeals from an order that modified the prior order of custody and visitation by, inter alia, granting petitioner father sole legal custody of the subject child.
Contrary to the mother's contention, Family Court properly admitted in evidence hearsay statements during the fact-finding hearing to establish that the child had been sexually abused while under the mother's supervision by his half brother. It is well settled that " ‘[a] child's out-of-court statements may form the basis for a finding of [abuse] as long as they are sufficiently corroborated by [any] other evidence tending to support their reliability’ " ( Matter of Nicholas J.R. [Jamie L.R.], 83 A.D.3d 1490, 1490, 922 N.Y.S.2d 679 [4th Dept. 2011], lv denied 17 N.Y.3d 708, 2011 WL 4028757 [2011] ; see Family Ct. Act § 1046[a][vi] ; Matter of Mateo v. Tuttle, 26 A.D.3d 731, 732, 809 N.Y.S.2d 699 [4th Dept. 2006] ). Such statements, when corroborated, "are admissible in custody and visitation proceedings that are based in part upon allegations of abuse or neglect" ( Matter of Montalbano v. Babcock, 155 A.D.3d 1636, 1637, 65 N.Y.S.3d 396 [4th Dept. 2017], lv denied 31 N.Y.3d 912, 81 N.Y.S.3d 372, 106 N.E.3d 755 [2018] [internal quotation marks omitted]; see Matter of Cobane v. Cobane, 57 A.D.3d 1320, 1321, 870 N.Y.S.2d 569 [3d Dept. 2008], lv denied 12 N.Y.3d 706, 879 N.Y.S.2d 52, 906 N.E.2d 1086 [2009] ). Courts have " ‘considerable discretion in determining whether a child's out-of-court statements...
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