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Matter of Rolando T

Appellate Division of the Supreme Court of New York, First Department
May 6, 1999
261 A.D.2d 143 (N.Y. App. Div. 1999)

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.


Summaries of

Matter of Rolando T

Appellate Division of the Supreme Court of New York, First Department
May 6, 1999
261 A.D.2d 143 (N.Y. App. Div. 1999)
Case details for

Matter of Rolando T

Case Details

Full title:In the Matter of ROLANDO T. and Another, Children Alleged to be Abused…

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

Date published: May 6, 1999

Citations

261 A.D.2d 143 (N.Y. App. Div. 1999)
689 N.Y.S.2d 493

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