Opinion
2003-03248, 2003-03249, 2003-03251.
Decided May 10, 2004.
In three related child protective proceedings pursuant to Family Court Act article 10, Wayne M. appeals from three fact-finding orders of the Family Court, Queens County (Salinitro, J.), all dated November 6, 2002 (one in each proceeding), which, after a fact-finding hearing, found that he sexually abused and neglected the child Kimberly B., and derivatively abused and neglected the children Bryton M. and Shavar B.
David Bliven, Jamaica, N.Y., for appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Julian L. Kalkstein of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SANDRA L. TOWNES, BARRY A. COZIER, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the fact-finding orders are affirmed, without costs or disbursements.
A preponderance of the evidence supported the Family Court's determination that the appellant sexually abused and neglected Kimberly B. ( see Matter of Nicole V., 71 N.Y.2d 112; Matter of Westchester County Dept. of Social Servs. v. Laura B., 216 A.D.2d 402) and derivatively abused and neglected Shavar B. and Bryton M. ( see Matter of Jasmine A., 295 A.D.2d 504; Matter of Dutchess County Dept. of Social Servs. v. Douglas E., Jr., 191 A.D.2d 694). The testimony of an expert in pediatrics, with a specialty in the field of child abuse, corroborated Kimberly's allegations of sexual abuse ( see Matter of Nicole V., supra at 122; Matter of Lamarr P., 237 A.D.2d 609; Family Court Act § 1046[a][vi]). Evidence of Kimberly's subsequent recantations does not mandate setting aside the finding of abuse ( see Matter of Jenna R., 207 A.D.2d 403; Matter of Lisa S., 187 A.D.2d 435).
The appellant's remaining contentions are without merit.
FLORIO, J.P., TOWNES, COZIER and MASTRO, JJ., concur.