MATTER OF DJANGO K. v. CARL K.

3326.

149 A.D.3d 405 (2017)

2017 NY Slip Op 02593

52 N.Y.S.3d 14

In the Matter of DJANGO K., a Child Alleged to be Abused, Appellant. CARL K., Respondent, et al., Petitioner.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 4, 2017.


The record provides no basis to overturn the court's credibility finding as to the mother's testimony. Because the child was not called in the proceeding, there are no admissions by the father, and there was no physical evidence of sexual abuse; the only proof offered were hearsay statements. The out-of-court statements of the child were not sufficiently corroborated to establish abuse by a preponderance of the evidence (Matter of Nicole V., 71 N.Y...

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