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In the Matter of Jessica S

Appellate Division of the Supreme Court of New York, Second Department
May 9, 2005
18 A.D.3d 562 (N.Y. App. Div. 2005)

Opinion

2004-00774.

May 9, 2005.

In three related child protective proceedings pursuant to the Family Court Act article 10, Arthur S. appeals, as limited by his brief, from so much of a fact-finding order of the Family Court, Richmond County (McElrath, J.), dated December 16, 2003, as, after a hearing, found that he sexually abused the children Jessica S. and Nadine G., and derivatively abused the child Patrice S.

Before: Adams, J.P., Ritter, Mastro and Rivera, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the appellant's contention, a preponderance of the evidence supported the Family Court's determination that he sexually abused the children Jessica S. and Nadine G. ( see Matter of Nicole V., 71 NY2d 112; Matter of Raymond M., 13 AD3d 377; Matter of Latisha W., 221 AD2d 645). The Family Court's derivative finding of abuse with respect to the child Patrice S. was also proper ( see Matter of Raymond M., supra; Matter of Khabira B., 271 AD2d 606). The out-of-court statements of the sisters corroborated each other's statements ( see Matter of Nicole V., supra at 123-124; Matter of Victoria H., 255 AD2d 442, 443; Matter of Latisha W., supra).

Further, the fact-finding order made specific findings as to the particular sexual offenses under the Penal Law which the appellant committed, along with a description of the offending conduct. Thus, it was sufficient to satisfy Family Court Act § 1046 (a).


Summaries of

In the Matter of Jessica S

Appellate Division of the Supreme Court of New York, Second Department
May 9, 2005
18 A.D.3d 562 (N.Y. App. Div. 2005)
Case details for

In the Matter of Jessica S

Case Details

Full title:In the Matter of JESSICA S., a Child Alleged to be Abused and Neglected…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 9, 2005

Citations

18 A.D.3d 562 (N.Y. App. Div. 2005)
795 N.Y.S.2d 93

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