Opinion
2000-00094
Submitted June 14, 2002
August 12, 2002
In two related proceedings pursuant to Family Court Act article 10, the mother appeals, as limited by her brief, from so much of a dispositional order of the Family Court, Kings County (Segal, J.), dated December 3, 1999, as, upon a fact-finding order of the same court, dated December 7, 2000, made after a reconstruction hearing, determined that she had abused her son Alberto and derivatively abused her daughter Marie. The appeal from the dispositional order brings up for review the fact-finding order.
Miller Goldman, P.C., New York, N.Y. (Linda A. Goldman of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Helen P. Brown of counsel), for respondent.
Monica Drinane, New York, N.Y. (Jonathan M. Kratter of counsel), Law Guardian for the children.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, STEPHEN G. CRANE, JJ.
ORDERED that the dispositional order is affirmed insofar as appealed from, without costs or disbursements.
The Family Court's determination that the appellant abused Alberto is supported by a preponderance of the evidence (see Family Ct Act 1046[b][i]; Matter of Gerald P., 275 A.D.2d 784, 785; Matter of Dutchess County Dept. of Social Servs. [Douglas E., III] v. Douglas E., Jr., 191 A.D.2d 694).
In addition, there is sufficient evidence to support a finding of derivative abuse with regard to Marie (see Matter of Dutchess County Dept. of Social Servs. [Brittney C.], 242 A.D.2d 533, 534; Matter of Eli G., 189 A.D.2d 764, 765; Matter of Christina Maria C., 89 A.D.2d 855; cf. Matter of Christina P., 275 A.D.2d 783, 784; Matter of Ijeoma O., 271 A.D.2d 691, 692; Matter of Department of Social Servs. [Doris M.] v. Juana M., 232 A.D.2d 487).
ALTMAN, J.P., KRAUSMAN, SCHMIDT and CRANE, JJ., concur.