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Matter of New York City Commr. of Soc. Serv

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1994
208 A.D.2d 745 (N.Y. App. Div. 1994)

Opinion

October 17, 1994

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


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

The evidence adduced at the fact-finding hearing was sufficient to prove, by a preponderance of the evidence, that the subject child had been sexually abused and that she was an abused and/or neglected child as alleged in the petition (see, Family Ct Act § 1046 [b] [i]; Matter of Nicole V., 71 N.Y.2d 112). The validating testimony of the child abuse expert, as well as the medical evidence, sufficiently corroborated the child's out-of-court statements (see, Matter of Abby Gail E., 191 A.D.2d 696). Further, the appellants, the child's mother and older sister, failed to come forward with evidence demonstrating an adequate explanation for the source of the child's condition not indicative of abuse or neglect on their part. Thus, a finding against them was proper (see, Family Ct Act § 1046 [a] [ii]; Matter of Heith S., 189 A.D.2d 875; Matter of F. Children, 178 A.D.2d 246; Matter of Tania J. v. Esther J., 147 A.D.2d 252).

We have reviewed the appellants' remaining contentions and find them to be without merit. Copertino, J.P., Pizzuto, Altman and Hart, JJ., concur.


Summaries of

Matter of New York City Commr. of Soc. Serv

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1994
208 A.D.2d 745 (N.Y. App. Div. 1994)
Case details for

Matter of New York City Commr. of Soc. Serv

Case Details

Full title:In the Matter of NEW YORK CITY COMMISSIONER OF SOCIAL SERVICES, on Behalf…

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

Date published: Oct 17, 1994

Citations

208 A.D.2d 745 (N.Y. App. Div. 1994)
617 N.Y.S.2d 826

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