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Matter of V

Appellate Division of the Supreme Court of New York, Second Department
Jul 3, 2000
274 A.D.2d 399 (N.Y. App. Div. 2000)

Opinion

Submitted May 25, 2000.

July 3, 2000.

In a child protective proceeding pursuant to Family Court Act article 10, the father appeals from a fact-finding order of the Family Court, Kings County (Adams, J.), dated June 11, 1998, which, after a hearing, found that he had abused his stepson, and derivatively abused his stepdaughter and his other two children.

Carol Kahn, New York, N.Y., for appellant.

Michael D. Hess, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Sharyn Rootenberg of counsel), for respondent.

Monica Drinane, New York, N.Y. (Marcia Egger of counsel), Law Guardian for the child.

Before: GABRIEL M. KRAUSMAN, J.P., GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ .


DECISION ORDER

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

Contrary to the appellant's contention, the Family Court properly determined that the out-of-court statement of the appellant's stepson, alleging sexual abuse, was sufficiently corroborated, notwithstanding that the Family Court declined to credit the validation testimony of the court-appointed psychologist (see, Family Ct Act § 1046[a][vi]). Moreover, the record supports the Family Court's determination that the abuse allegations were established by a preponderance of the evidence (see, Matter of Nicole V., 71 N.Y.2d 112, 117). Accordingly, the Family Court's finding of abuse as to that child and a derivative finding as to his stepdaughter and his two other children was proper (see, Matter of S./C. Children, 256 A.D.2d 88).


Summaries of

Matter of V

Appellate Division of the Supreme Court of New York, Second Department
Jul 3, 2000
274 A.D.2d 399 (N.Y. App. Div. 2000)
Case details for

Matter of V

Case Details

Full title:IN THE MATTER OF V. (ANONYMOUS), CHILDREN. ADMINISTRATION FOR CHILDREN'S…

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

Date published: Jul 3, 2000

Citations

274 A.D.2d 399 (N.Y. App. Div. 2000)
711 N.Y.S.2d 896

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