Opinion
09-27-2016
In re FENDI B., A Child Under Eighteen Years of Age, etc., Jason B., Respondent–Appellant, Administration for Children Services, Petitioner–Respondent.
The Bronx Defenders, Bronx (Saul Zipkin of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Mackenzie Fillow of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the child.
The Bronx Defenders, Bronx (Saul Zipkin of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Mackenzie Fillow of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the child.
SWEENY, J.P., MANZANET–DANIELS, FEINMAN, KAPNICK, WEBBER, JJ.
Opinion
Order of disposition, Family Court, Bronx County (Sarah P. Cooper, J.), entered on or about March 19, 2015, to the extent it brings up for review a fact-finding order (same court and Judge), entered on or about March 19, 2015, which found that respondent sexually abused the subject child, unanimously affirmed, without costs. Appeal from the fact-finding order unanimously dismissed, without costs, as subsumed in the appeal from the order of disposition.
The finding that respondent sexually abused the subject child was supported by a preponderance of the evidence (Family Ct. Act § 1012[e][iii] ; § 1046[b] [i] ). The child's sworn testimony at the fact-finding hearing is competent evidence that respondent sexually abused her (see Matter of Christina G. [Vladimir G.], 100 A.D.3d 454, 957 N.Y.S.2d 1 [1st Dept.2012], lv. denied 20 N.Y.3d 859, 2013 WL 537153 [2013] ; Matter of Danielle M., 151 A.D.2d 240, 243, 542 N.Y.S.2d 525 [1st Dept.1989] ). Contrary to respondent's contention, the Family Court properly credited the child's testimony and any inconsistencies with her prior statements were minor and peripheral to the dispositive issues (see Matter of Kylani R. [Kyreem B.], 93 A.D.3d 556, 941 N.Y.S.2d 46 [1st Dept.2012] ). Furthermore, the child's testimony was corroborated by her medical records, which included her similar account of the abuse, as well as by the caseworker's testimony (see Matter of Imani G. [Pedro G.], 130 A.D.3d 456, 13 N.Y.S.3d 61 [1st Dept.2015] ; Matter of Dayanara V. [Carlos V.], 101 A.D.3d 411, 955 N.Y.S.2d 566 [1st Dept.2012] ).