Opinion
2014-04340, Docket Nos. N-6406-13, N-6407-13.
10-21-2015
In the Matter of VICTORIA W. (Anonymous). Administration for Children's Services, petitioner-respondent; Charles R. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 1) In the Matter of Morena R. (Anonymous). Administration for Children's Services, petitioner-respondent; Charles R. (Anonymous), respondent-appellant, et al., respondent. (Proceeding No. 2).
Jeffrey C. Bluth, Brooklyn, N.Y., for respondent-appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Fay Ng and Kathy Chang Park of counsel), for petitioner-respondent. Seymour W. James, Jr., New York, N.Y. (Tamara A. Steckler and Susan Clement of counsel), attorney for the child Victoria W. Mark Diamond, New York, N.Y., attorney for the child Morena R.
Jeffrey C. Bluth, Brooklyn, N.Y., for respondent-appellant.
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Fay Ng and Kathy Chang Park of counsel), for petitioner-respondent.
Seymour W. James, Jr., New York, N.Y. (Tamara A. Steckler and Susan Clement of counsel), attorney for the child Victoria W.
Mark Diamond, New York, N.Y., attorney for the child Morena R.
Opinion Appeal from an order of fact-finding of the Family Court, Kings County (Ilana Gruebel, J.), dated March 12, 2014. The order of fact-finding, after a hearing, found that the appellant sexually abused and neglected the child Victoria W. and derivatively sexually abused and neglected the child Morena R.
ORDERED that the order of fact-finding is affirmed, without costs or disbursements.
Contrary to the appellant's contention, the Family Court properly found him to be a person legally responsible for the care of the child Victoria W. within the meaning of the Family Court Act (see Family Ct. Act § 1012[g] ; Matter of Trenasia J. [Frank J.], 25 N.Y.3d 1001, 10 N.Y.S.3d 162, 32 N.E.3d 377 ; Matter of Yolanda D., 88 N.Y.2d 790, 651 N.Y.S.2d 1, 673 N.E.2d 1228 ; Matter of Emani W. [Owana E.], 107 A.D.3d 815, 966 N.Y.S.2d 527 ).
The Family Court's finding that the appellant sexually abused the child Victoria W. is supported by a preponderance of the evidence (see Family Ct. Act §§ 1012[e][iii] ; 1046[b][i]; Matter of Sha–Naya M.S.C. [Derrick C.], 130 A.D.3d 719, 13 N.Y.S.3d 502 ; Matter of Kyra S. [Kirtan D.S.], 128 A.D.3d 970, 9 N.Y.S.3d 609 ). Moreover, this finding supported the court's finding that the appellant derivatively sexually abused the child Morena R., as the appellant's conduct “demonstrated that his impulse control was so defective as to create a substantial risk of harm to any child in his care” (Matter of Andrea V. [James A.], 128 A.D.3d 1077, 1079, 9 N.Y.S.3d 669 ). The court also properly found that the appellant neglected both children by committing domestic violence in their presence (see Matter of Kayla F. [Kevin F.], 130 A.D.3d 724, 13 N.Y.S.3d 504 ).The appellant's remaining contentions are either unpreserved for appellate review or without merit.
HALL, J.P., SGROI, COHEN and MALTESE, JJ., concur.