Opinion
2015-03-11
In the Matter of ZEEVA M. (Anonymous), appellant. Westchester County Department of Social Services, petitioner; Abraham M. (Anonymous), respondent. (Proceeding No. 1) In the Matter of Vera M. (Anonymous), appellant. Westchester County Department of Social Services, petitioner; Abraham M. (Anonymous), respondent. (Proceeding No. 2).
Ronna L. DeLoe, New Rochelle, N.Y., for appellants. Gold & Duker, White Plains, N.Y. (Stephen Gold of counsel), for respondent.
Ronna L. DeLoe, New Rochelle, N.Y., for appellants. Gold & Duker, White Plains, N.Y. (Stephen Gold of counsel), for respondent.
Robert F. Meehan, County Attorney, White Plains, N.Y. (James Castro–Blanco and Linda M. Trentacoste), for petitioner.
REINALDO E. RIVERA, J.P., CHERYL E. CHAMBERS, SANDRA L. SGROI, and ROBERT J. MILLER, JJ.
Appeal from an order of the Family Court, Westchester County (David Klein, J.), dated July 9, 2013. The order, after a hearing, dismissed a petition alleging that the father abused and neglected the subject children and dismissed a family offense petition against the father.
ORDERED that the order is affirmed, without costs or disbursements.
“A child's prior out-of-court statements may provide the basis for a finding of abuse, ‘provided that these hearsay statements are corroborated, so as to ensure their reliability’ ” (Matter of Alexis S. [Edward S.], 115 A.D.3d 866, 866, 982 N.Y.S.2d 366, quoting Matter of Jada K.E. [Richard D. E.], 96 A.D.3d 744, 744, 949 N.Y.S.2d 58; seeFamily Ct. Act § 1046[a][vi]; Matter of Nicole V., 71 N.Y.2d 112, 123, 524 N.Y.S.2d 19, 518 N.E.2d 914; Matter of Nicole G. [Louis G.], 105 A.D.3d 956, 962 N.Y.S.2d 705). “Any other evidence tending to support the reliability of the previous statements ... shall be sufficient corroboration” (Family Ct. Act § 1046[a][vi] ). “ ‘The Family Court has considerable discretion in deciding whether a child's out-of-court statements alleging incidents of abuse have been reliably corroborated’ ” (Matter of Alexis S. [Edward S.], 115 A.D.3d at 867, 982 N.Y.S.2d 366, quoting Matter of Nicole G. [Louis G.], 105 A.D.3d at 956, 962 N.Y.S.2d 705; see Matter of Nicole V., 71 N.Y.2d at 119, 524 N.Y.S.2d 19, 518 N.E.2d 914; Matter of Jada K.E. [Richard D. E.], 96 A.D.3d at 744, 949 N.Y.S.2d 58). “The Family Court's credibility findings must be accorded considerable deference on appeal” (Matter of Alexis S. [Edward S.], 115 A.D.3d at 867, 982 N.Y.S.2d 366; see Matter of Nicole G. [Louis G.], 105 A.D.3d at 956, 962 N.Y.S.2d 705; Matter of Jada K.E. [Richard D.E.], 96 A.D.3d at 745, 949 N.Y.S.2d 58).
Contrary to the contention of the attorney for the children and the County Attorney, the record supports the Family Court's determination that the child Zeeva's out-of-court disclosures were not sufficiently corroborated and that a prima facie case of sexual abuse against the father was not established by a preponderance of the evidence ( see Matter of Nicole V., 71 N.Y.2d at 119, 524 N.Y.S.2d 19, 518 N.E.2d 914).
The appellants' remaining contentions are either unpreserved for appellate review or without merit.
Accordingly, the Family Court properly dismissed the petition alleging that the father abused and neglected the subject children and dismissed the family offense petition against the father.