Opinion
2013-03-13
In the Matter of LEAH R. (Anonymous). Administration for Children's Services, petitioner-respondent; Miguel R. (Anonymous), appellant, et al., respondent. (Proceeding No. 1). In the Matter of Skyla R. (Anonymous). Administration for Children's Services, petitioner-respondent; Miguel R. (Anonymous), appellant, et al., respondent. (Proceeding No. 2).
Omotayo Orederu, Glenville, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Sharyn Rootenberg of counsel; Jared Kraminitz on the brief), for petitioner-respondent.
Omotayo Orederu, Glenville, N.Y., for appellant. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Sharyn Rootenberg of counsel; Jared Kraminitz on the brief), for petitioner-respondent.
Karen P. Simmons, Brooklyn, N.Y. (Tammy E. Linn and Janet Neustaetter of counsel), attorney for the children.
WILLIAM F. MASTRO, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, and JEFFREY A. COHEN, JJ.
In two related child protective proceedings pursuant to Family Court Act article 10, the father appeals from an order of disposition of the Family Court, Kings County (Beckoff, J.), dated December 6, 2011, which, upon a fact-finding order of the same court dated October 27, 2011, made after a hearing, finding that he sexually abused his daughter Skyla R. and derivatively abused his daughter Leah R., released the children to the custody of their mother. The appeal from the order of disposition brings up for review the fact-finding order.
ORDERED that the order of disposition is affirmed, without costs or disbursements.
The determination by the Family Court that the father sexually abused his then six-year-old daughter, Skyla R., is supported by a preponderance of the evidence ( seeFamily Ct. Act § 1046[b]; Matter of Lindsay B. [ Carlton B. ], 80 A.D.3d 763, 764, 916 N.Y.S.2d 778;Matter of Candace S., 38 A.D.3d 786, 787, 832 N.Y.S.2d 612;Matter of Beverly R., 38 A.D.3d 668, 670, 831 N.Y.S.2d 717). Skyla's out-of-court statements concerning the father's sexual abuse were sufficiently corroborated, inter alia, by the testimony of Skyla's cousin and half-sister, who testified regarding the father's sexual abuse of them in a similar manner many years earlier ( seeFamily Ct. Act § 1046[a][vi]; Matter of Michael F., 50 A.D.3d 796, 797, 854 N.Y.S.2d 661;Matter of Beverly R., 38 A.D.3d 668, 670, 831 N.Y.S.2d 717).
Further, the father's abuse of Skyla demonstrates a flawed understanding of his duties as a parent and impaired parental judgment sufficient to support the Family Court's finding of derivative abuse of the subject child Leah R. ( see Matter of Kyanna T. [ Winston R. ], 99 A.D.3d 1011, 1013, 953 N.Y.S.2d 121;Matter of Grant W. [ Raphael A. ], 67 A.D.3d 922, 888 N.Y.S.2d 418;Matter of Rosy S., 54 A.D.3d 377, 378–379, 863 N.Y.S.2d 65).
The father's remaining contention is without merit.