In re V. Children

Appellate Division of the Supreme Court of New York

In re V. Children

274 A.D.2d 399, 711 N.Y.S.2d 896, 2000 N.Y. App. Div. LEXIS 7534

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 3, 2000

StatusPublished

This text of 274 A.D.2d 399 (In re V. Children) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re V. Children, 274 A.D.2d 399, 711 N.Y.S.2d 896, 2000 N.Y. App. Div. LEXIS 7534 (N.Y. Ct. App. 2000).

Pincite

Opinion

—In a child protective proceeding pursuant to Family Court Act article 10, the father appeals from a fact-finding order of the Family Court, Kings County (Adams, J.), dated June 11, 1998, which, after a hearing, found that he had abused his stepson, and derivatively abused his stepdaughter and his other two children.

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

[400]*400Contrary to the appellant’s contention, the Family Court properly determined that the out-of-court statement of the appellant’s stepson, alleging sexual abuse, was sufficiently corroborated, notwithstanding that the Family Court declined to credit the validation testimony of the court-appointed psychologist (see, Family Ct Act § 1046 [a] [vi]). Moreover, the record supports the Family Court’s determination that the abuse allegations were established by a preponderance of the evidence (see, Matter of Nicole V., 71 NY2d 112, 117). Accordingly, the Family Court’s finding of abuse as to that child and a derivative finding as to his stepdaughter and his two other children was proper (see, Matter of S./C. Children, 256 AD2d 88). Krausman, J. P., Goldstein, Feuerstein and Smith, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In a child protective proceeding pursuant to Family Court Act article 10, the father appeals from a fact-finding order of the Family Court, Kings County (Adams, J.), dated June 11, 1998, which, after a hearing, found that he had abused his stepson, and derivatively abused his stepdaughter and his other two children.

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

[400]*400Contrary to the appellant’s contention, the Family Court properly determined that the out-of-court statement of the appellant’s stepson, alleging sexual abuse, was sufficiently corroborated, notwithstanding that the Family Court declined to credit the validation testimony of the court-appointed psychologist (see, Family Ct Act § 1046 [a] [vi]). Moreover, the record supports the Family Court’s determination that the abuse allegations were established by a preponderance of the evidence (see, Matter of Nicole V., 71 NY2d 112, 117). Accordingly, the Family Court’s finding of abuse as to that child and a derivative finding as to his stepdaughter and his two other children was proper (see, Matter of S./C. Children, 256 AD2d 88). Krausman, J. P., Goldstein, Feuerstein and Smith, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

274 A.D.2d 399, 711 N.Y.S.2d 896, 2000 N.Y. App. Div. LEXIS 7534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-v-children-nyappdiv-2000.

Opinion

Related

Cite This Page — Counsel Stack