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In re Cleo K-H.

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 524 (N.Y. App. Div. 1991)

Opinion

April 1, 1991

Appeal from the Family Court, Kings County (Sparrow, J.).


Ordered that the order is affirmed, without costs or disbursements.

The determination by the Family Court that the appellant mother had sexually and physically abused her daughter, the subject of this proceeding, is supported by a preponderance of the evidence (see, Family Ct Act § 1046 [b]; Matter of Nicole V., 71 N.Y.2d 112, 117; Matter of Tammie Z., 66 N.Y.2d 1). A review of the record establishes that the petitioner presented a prima facie showing of abuse. The child's out-of-court statements to her foster mother, to a clinical social worker, and to a caseworker, were sufficiently corroborated by medical evidence (see, Matter of Jesse S., 152 A.D.2d 581; Family Ct Act § 1046 [a] [vi]). Where, as here, the hearing court was confronted primarily with issues of credibility, its factual findings must be accorded great weight (see, Matter of Sheila L., 141 A.D.2d 730, 731). On this record, we find no basis upon which to disturb the court's disposition of the issues (see, Matter of Irene O., 38 N.Y.2d 776, 778; Matter of Sheila L., supra, at 731). Moreover, the appellant's claims with respect to the manner in which the hearing was conducted and several of the evidentiary rulings and statements by the Family Court are either without basis in fact or lacking in merit. Brown, J.P., Harwood, Miller and O'Brien, JJ., concur.


Summaries of

In re Cleo K-H.

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1991
172 A.D.2d 524 (N.Y. App. Div. 1991)
Case details for

In re Cleo K-H.

Case Details

Full title:In the Matter of CLEO K-H. NEW YORK CITY DEPARTMENT OF SOCIAL SERVICES…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 1, 1991

Citations

172 A.D.2d 524 (N.Y. App. Div. 1991)
568 N.Y.S.2d 626

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