Opinion
13180.
10-14-2014
In re MILAGROS C., A Child Under Eighteen Years of Age, etc., Rosa R., Respondent–Appellant, v. Administration for Children's Services, Petitioner–Respondent.
Geanine Towers, P.C., Brooklyn (Geanine Towers of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Jane L. Gordon of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the child.
Geanine Towers, P.C., Brooklyn (Geanine Towers of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Jane L. Gordon of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), attorney for the child.
Opinion
Order of fact-finding and disposition (one paper), Family Court, Bronx County (Joan L. Piccirillo, J.), entered on or about November 15, 2013, which, inter alia, determined that respondent mother abused the subject child, unanimously affirmed, without costs.
Abuse was made out by a preponderance of the credible evidence establishing that the child informed the mother of the sexual abuse by the child's brother, and that the child made statements to several people that, on one occasion, the mother walked in on them as her brother was forcing her to engage in sexual activity with him (see Matter of Jaquay O., 223 A.D.2d 422, 636 N.Y.S.2d 757 [1st Dept.1996], lv. denied 88 N.Y.2d 801, 644 N.Y.S.2d 493, 666 N.E.2d 1366 [1996] ). The court properly exercised its discretion in finding that the child's out-of-court statements were corroborated by the brother's guilty plea to criminal sexual act in the third degree, as well as the detail, consistency and specificity of the child's statements to numerous individuals (see Family Court Act § 1046[a][vi] ; Matter of Nicole V., 71 N.Y.2d 112, 119–120, 524 N.Y.S.2d 19, 518 N.E.2d 914 [1987] ).
FRIEDMAN, J.P., MOSKOWITZ, FEINMAN, GISCHE, KAPNICK, JJ., concur.