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Matter of James

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 14, 1995
217 A.D.2d 961 (N.Y. App. Div. 1995)

Opinion

July 14, 1995

Appeal from the Monroe County Family Court, Miller, J.

Present — Green, J.P., Lawton, Wesley, Davis and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: The record supports the findings of Family Court that respondent abused his daughter and neglected his son. In concluding that respondent's daughter was sexually abused, the court credited the child's out-of-court statements describing the incident of abuse. Those statements were sufficiently corroborated by admissions made by respondent to the police that he improperly touched his daughter ( see, Family Ct Act § 1046 [a] [vi]; Matter of Sandra S., 195 A.D.2d 1070; Matter of Margaret W., 83 A.D.2d 557, lv denied 54 N.Y.2d 609; see also, Matter of Nicole V., 71 N.Y.2d 112, 118-119). Moreover, it can reasonably be inferred from the evidence that the acts were for the purpose of sexual gratification ( see, Matter of Patricia J., 206 A.D.2d 847, lv denied 84 N.Y.2d 810). The evidence also established that respondent neglected his son because his sexual abuse of his daughter demonstrated a fundamental defect in his understanding of the duties and obligations of parenthood and created an atmosphere detrimental to the physical, mental and emotional well-being of his son as well ( see, Family Ct Act § 1012 [f] [i]; Matter of Lynelle W., 177 A.D.2d 1008, 1009).


Summaries of

Matter of James

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 14, 1995
217 A.D.2d 961 (N.Y. App. Div. 1995)
Case details for

Matter of James

Case Details

Full title:In the Matter of JAMES A. and Another, Children Alleged to be Abused…

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

Date published: Jul 14, 1995

Citations

217 A.D.2d 961 (N.Y. App. Div. 1995)
629 N.Y.S.2d 902

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