Opinion
13373-13373A Dkt. No. NA-46932/16 Case No. 2019-4563
03-18-2021
In the MATTER OF V. C., A Child Under the Age of Eighteen Years, etc., S. C., Respondent–Appellant, v. Administration for Children's Services, Petitioner–Respondent.
Andrew J. Baer, New York, for appellant. James E. Johnson, Corporation Counsel, New York (Cynthia Kao of counsel), for respondent. Dawne A. Mitchell, The Legal Aid Society, New York ( Diane Pazar of counsel), attorney for the child.
Andrew J. Baer, New York, for appellant.
James E. Johnson, Corporation Counsel, New York (Cynthia Kao of counsel), for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York ( Diane Pazar of counsel), attorney for the child.
Acosta, P.J., Gische, Webber, Gonza´lez, JJ.
Order of disposition, Family Court, New York County (Clark V. Richardson, J.), entered on or about April 19, 2019, to the extent it brings up for review a fact-finding order, same court and Judge, entered on or about February 19, 2019, which found that respondent father sexually abused the subject child, unanimously affirmed, without costs. Appeal from fact-finding order unanimously dismissed, without costs, as subsumed in the appeal from the order of disposition.
The finding of sexual abuse was supported by a preponderance of the evidence ( see Family Ct Act § 1046[b][i] ; Matter of Alijah S. [Daniel S.], 133 A.D.3d 555, 556, 21 N.Y.S.3d 206 [1st Dept. 2015], lv denied 26 N.Y.3d 917, 2016 WL 531602 [2016] ). The child offered testimony describing a pattern of escalating sexual contact, which occurred on numerous occasions, over a five-year period. The child's testimony was consistent with and corroborated by the child's out-of-court statements. There exists no basis to disturb the court's credibility determinations ( see e.g. Matter of Irene O., 38 N.Y.2d 776, 381 N.Y.S.2d 865, 345 N.E.2d 337 [1975]; Matter of Alijah S., 133 A.D.3d at 556, 21 N.Y.S.3d 206 ).
We have considered the father's remaining arguments and find them unavailing.