MATTER OF McI.


140 A.D.2d 255 (1988)

In the Matter of Ruth McI., a Child Alleged to be Abused. John McI., Respondent; Commissioner of Social Services of the City of New York, Appellant

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

May 24, 1988


On this record, we agree with Family Court's finding that the child, five years old at the time of the filing of the petition, was sexually abused but that, while the respondent father had failed to provide a satisfactory explanation for the unrefuted medical evidence indicating such abuse, the evidence as to his actual perpetration of the abuse — statements of the child, which she later retracted and which the respondent refuted in testimony deemed credible by the...

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