Opinion
9177
05-02-2019
IN RE MELANIE S., and Another, Children Under the Age of Eighteen Years, etc., Albert A., Respondent–Appellant, v. The Administration for Children's Services, Petitioner–Respondent.
Carol I. Kahn, New York, for appellant. Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the children.
Carol I. Kahn, New York, for appellant.
Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the children.
Sweeny, J.P., Gische, Webber, Kahn, Moulton, JJ.
Order of disposition, Family Court, Bronx County (Monica D. Shulman, J.), entered on or about June 12, 2018, which, inter alia, found that respondent sexually abused the subject children, for whom he was legally responsible, unanimously affirmed, without costs.
The determination that respondent sexually abused the subject children is supported by a preponderance of the evidence (see Family Ct Act § 1046[b] ). The children's detailed out-of-court statements were sufficiently corroborated by each other's statements, and by medical records (see Matter of Nicole V., 71 N.Y.2d 112, 124, 524 N.Y.S.2d 19, 518 N.E.2d 914 [1987] ; Matter of David R. [Carmen R.], 123 A.D.3d 483, 998 N.Y.S.2d 182 [1st Dept. 2014] ).
We have considered respondent's remaining arguments and find them unavailing.