From Casetext: Smarter Legal Research

Matter of Florencio

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1995
213 A.D.2d 717 (N.Y. App. Div. 1995)

Opinion

March 29, 1995

Appeal from the Family Court, Kings County (Greenbaum, J.).


Ordered that the order is affirmed, without costs or disbursements.

The petitioner proved by a preponderance of the evidence that the subject children were abused by their father, the appellant (see, Matter of Tammie Z., 66 N.Y.2d 1). The court properly considered that the appellant had been convicted of criminal charges of raping his daughter numerous times in making its finding that the subject children were abused since the criminal convictions were based upon the same facts alleged in the petitions (see, Matter of Suffolk County Dept. of Social Servs. v. James M., 188 A.D.2d 603, mod 83 N.Y.2d 178; Matter of Rosie B., 154 A.D.2d 900; Matter of Denise J., 133 A.D.2d 687; Matter of Princess CC., 120 A.D.2d 917). Additionally, the children's out of court statements cross-corroborated each other and were further corroborated by the medical records of the daughter (see, Family Ct Act § 1046 [a] [vi]; Matter of Nicole V., 71 N.Y.2d 112).

The appellant's remaining contentions are without merit. Sullivan, J.P., Lawrence, Copertino and Joy, JJ., concur.


Summaries of

Matter of Florencio

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1995
213 A.D.2d 717 (N.Y. App. Div. 1995)
Case details for

Matter of Florencio

Case Details

Full title:In the Matter of JEOVANNY P. FLORENCIO P., Appellant; COMMISSIONER OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 29, 1995

Citations

213 A.D.2d 717 (N.Y. App. Div. 1995)
624 N.Y.S.2d 456

Citing Cases

Nichols v. Ahmad K.A

nt's contention, the Family Court's finding that he neglected the child Nicholas L. by inflicting excessive…

In the Matter of Jasmine R

Summary judgment is a highly useful device for expediting the just disposition of a legal dispute ( Matter of…