In re Harry

1 Citing case

  1. In the Matter of Sanjeeda M

    24 A.D.3d 445 (N.Y. App. Div. 2005)   Cited 3 times

    The father's contention that the Family Court's finding of abuse was not supported by a preponderance of the evidence is without merit. The validating testimony of the child abuse expert, as well as the testimony of a caseworker for the Administration for Children's Services (hereinafter ACS) constituted sufficient corroboration of the child's out-of-court statements to support the determination of the Family Court ( see Matter of Nicole V., 71 NY2d 112, 121; Matter of Christopher L., 19 AD3d 597; Matter of Harry S., 237 AD2d 613; Matter of Linda K., 132 AD2d 149, 161). Moreover, ACS proved by a preponderance of the evidence at the fact-finding hearing that the father neglected the subject child by engaging in acts of violence against her mother in the presence of the child, thereby creating an imminent danger that the child's physical, mental, and emotional health would be harmed ( see Matter of Carlos M., 293 AD2d 617, 619; Matter of Cybill V., 279 AD2d 582; Matter of Tami G., 209 AD2d 869, 870).