Opinion
2020-02389 NA-14297/18 NA-14298/18
10-21-2021
In the Matter of M.S. and Another, Children Under Eighteen Years of Age, etc., Andrew S., Respondent-Appellant, Administration for Children's Services, Petitioner-Respondent. Appeal No. 14420
Steven N. Feinman, White Plains, for appellant. Georgia M. Pestana, Corporation Counsel, New York (Deborah E. Wassel of counsel), for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the children.
Steven N. Feinman, White Plains, for appellant.
Georgia M. Pestana, Corporation Counsel, New York (Deborah E. Wassel of counsel), for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the children.
Before: Acosta, P.J., Manzanet-Daniels, Kern, Oing, Kennedy, JJ.
Order of fact-finding and disposition, Family Court, New York County (Patria Frias-Colon, J.), entered on or about February 10, 2020, which found that respondent had abused and neglected the subject child E.G. and derivatively neglected the subject child M.S., unanimously affirmed, without costs.
Family Court's determination that respondent sexually abused his stepdaughter, E.G., and derivatively neglected his son, M.S., is supported by a preponderance of the evidence (Family Court Act § 1046[a][vi], [b][i]). E.G.'s out-of-court statements made in two videotaped interviews were sufficiently corroborated by the expert testimony of the supervising clinical specialist, who treated E.G. after her disclosure of the abuse, that E.G. suffered from symptoms of trauma and posttraumatic stress disorder as a result of the abuse and disclosure. In addition, some corroboration was provided by the testimony of the investigating child protective specialist that E.G. reported she was happier and felt better when respondent's belongings were removed from the home and the sofa where some of the abuse occurred was replaced, and respondent's own testimony confirming certain details of his interactions with E.G., including they would tickle each other (see Matter of Ada G.-L. [Christopher G.-L.], 188 A.D.3d 488, 489 [1st Dept 2020]; Matter of A.P. [M.P.], 183 A.D.3d 535, 536 [1st Dept 2020]; Matter of Estefania S. [Orlando S.], 114 A.D.3d 453, 453 [1st Dept 2014]). We find no basis to disturb the Family Court's determination crediting E.G.'s statements (see generally Matter of Irene O., 38 N.Y.2d 776, 777 [1975]).
Respondent's sexual abuse of E.G. demonstrates a fundamental defect in understanding of his parental obligations, supporting a derivative finding of neglect of M.S. [ see Matter of Xzandria B. [Nasheen B.], 183 A.D.3d 408, 408 [1st Dept 2020]; Matter of Skylean A.P. [Jeremiah S.], 136 A.D.3d 515, 515-516 [1st Dept 2016]).