Opinion
May 6, 1999
Appeal from the Family Court, New York County (Ruth Zuckerman, J.).
A preponderance of the evidence (Family Ct Act § 1046 [b]), including, in particular, respondent's own testimony regarding her alcohol misuse, and the stepson's testimony regarding the fellatio respondent committed on him, supports the findings of neglect of both children (Family Ct Act § 1012 [f] [i] [B]; § 1046 [a] [iii]) and of sexual abuse against the stepson (Family Ct Act § 1012 [e] [iii]). The finding of sexual abuse against the stepson in turn, and by itself, supports the finding of derivative neglect of the daughter ( Matter of Jaquay O., 223 A.D.2d 422, lv denied 88 N.Y.2d 801; Matter of Commissioner of Social Servs. [Kanisha W.], 233 A.D.2d 325).
Concur — Sullivan, J. P., Rosenberger, Tom and Wallach, JJ.