Opinion
10882 Dkt. NA-20021/18
01-28-2020
IN RE JADELYN T. R., A Child Under Eighteen Years of Age, etc., Terry O., Respondent–Appellant, v. Administration of Children’s Services, Petitioner-Respondent, Elizabeth R., Respondent.
Steven N. Feinman, White Plains, for appellant. James E. Johnson, Corporation Counsel, New York (Julia Bedell of counsel), for respondent. Dawne A. Mitchell, The Legal Aid Society, New York (Riti P. Singh of counsel), attorney for the child.
Steven N. Feinman, White Plains, for appellant.
James E. Johnson, Corporation Counsel, New York (Julia Bedell of counsel), for respondent.
Dawne A. Mitchell, The Legal Aid Society, New York (Riti P. Singh of counsel), attorney for the child.
Kapnick, J.P., Oing, Singh, Moulton, JJ.
Order of fact-finding and disposition, Family Court, Bronx County (Sarah P. Cooper, J.), entered on or about April 10, 2019, which, inter alia, after a hearing, found that respondent was a person legally responsible for the subject child and that he sexually abused the child, unanimously affirmed, without costs.
Respondent's argument that he was not a person legally responsible for the child is unpreserved and, in any event, is unavailing (see 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] ; Family Ct Act § 1012[g] ).
The finding of sexual abuse was supported by a preponderance of the evidence (see Matter of N.D. [G.D.], 165 A.D.3d 416, 85 N.Y.S.3d 35 [1st Dept. 2018] ). There exists no basis to disturb the court's credibility determinations. Contrary to respondent's argument, the child's testimony did not require corroboration (see Matter of Kayla S. [Eddie S.], 146 A.D.3d 648, 45 N.Y.S.3d 97 [1st Dept. 2017] ) and was in fact consistent with the statements she made to the police and the caseworker (see id. ).