Opinion
2013-04-18
In re KEYDRA R., A Child Under the Age of Eighteen Years, etc., Robert R., Respondent–Appellant, Commissioner of Social Services of the City of New York, Petitioner–Respondent.
Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Michael J. Pastor of counsel), for respondent.
Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Michael J. Pastor of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Judith Stern of counsel), attorney for the child.
Order of fact-finding, Family Court, Bronx County (Karen I. Lupuloff, J.), entered on or about January 18, 2011, which, to the extent appealed from as limited by the briefs, after a fact-finding hearing, determined that respondent-appellant uncle had neglected and sexually abused the subject child, unanimously affirmed, without costs. Appeal from order of disposition, same court and Judge, entered on or about June 3, 2011, unanimously dismissed, without costs, as abandoned.
Respondent failed to preserve his argument that he was not a person legally responsible for the subject child, and we decline to consider it ( see Matter of Sharnaza Q. (Clarence W.), 68 A.D.3d 436, 890 N.Y.S.2d 506 [1st Dept. 2009] ).
The findings of sexual abuse and neglect were supported by a preponderance of the evidence ( seeFamily Ct. Act § 1046[b][i]; see Matter of Dayanara V. [Carlos V.], 101 A.D.3d 411, 412, 955 N.Y.S.2d 566 [1st Dept. 2012] ). There is no basis to disturb the court's credibility determinations crediting the testimony given by the subject child and discrediting the testimony given by respondent ( see id.).