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Westchester County Department of Social Services v. Laura B.

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1995
216 A.D.2d 402 (N.Y. App. Div. 1995)

Opinion

June 12, 1995

Appeal from the Family Court, Westchester County (Braslow, J.).


Ordered that the appeal from the fact-finding order dated July 16, 1993, is dismissed, without costs or disbursements, as that order was superseded by the order of disposition; and it is further,

Ordered that the order of disposition is affirmed insofar as appealed from, without costs or disbursements; and it is further,

Ordered that the order of protection is affirmed insofar as appealed from, without costs or disbursements; and it is further,

Ordered that the "order on petition for extension of placement and order of supervision" (one paper) is affirmed insofar as appealed from, without costs or disbursements.

Although the order of disposition and the order of protection have expired, the adjudication of sexual abuse and neglect constitutes a permanent and significant stigma. Moreover, the finding of sexual abuse and neglect might indirectly affect the appellants' status in potential future proceedings. Therefore, the instant appeals from these orders are not academic (see, Matter of H. Children, 156 A.D.2d 520).

Turning to the merits, the petitioner proved by a preponderance of the evidence that the child was sexually abused and neglected by his mother and father (see, Matter of Tammie Z., 66 N.Y.2d 1). The Family Court correctly determined that the child's out-of-court statements had been sufficiently corroborated by the testimony of the validator, the child's caseworker, and the child's therapist (see, Matter of Department of Social Servs. [Carol Ann D.] v. Warren D., 195 A.D.2d 460). Further corroboration was provided by the child's use of anatomically correct dolls and drawings to demonstrate the sexual abuse to which he had been subjected (see, Matter of Commissioner of Social Servs. of City of N.Y. [Joanne W.] v. Edyth W., 210 A.D.2d 328; Matter of Dutchess County Dept. of Social Servs. [Chastity F.] v. Margaret F., 186 A.D.2d 254).

The appellants' remaining contentions are without merit. Sullivan, J.P., Miller, Pizzuto and Friedmann, JJ., concur.


Summaries of

Westchester County Department of Social Services v. Laura B.

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1995
216 A.D.2d 402 (N.Y. App. Div. 1995)
Case details for

Westchester County Department of Social Services v. Laura B.

Case Details

Full title:In the Matter of WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, on…

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

Date published: Jun 12, 1995

Citations

216 A.D.2d 402 (N.Y. App. Div. 1995)
628 N.Y.S.2d 351

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