MATTER OF PETAGAYE S.


295 A.D.2d 178 (2002)

744 N.Y.S.2d 318

In the Matter of PETAGAYE S. and Others, Children Alleged to be Abused and/or Neglected. MICHAEL A., Appellant; COMMISSIONER OF ADMINISTRATION FOR CHILDREN'S SERVICES OF THE CITY OF NEW YORK, Respondent.

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

Decided June 13, 2002.


On the date the matter was scheduled for a dispositional hearing, the female child recanted her testimony at the fact-finding hearing that respondent had sexually abused her. Family Court commented that there could be any number of reasons for the recantation. Upon review of the record, we agree, and, accordingly, we affirm the finding of sexual abuse. No basis exists for disturbing the findings that respondent neglected the female child by inflicting excessive corporal punishment...

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