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MATTER OF JESHAUN R.

2010-11902.

85 A.D.3d 798 (2011)

925 N.Y.S.2d 533

2011 NY Slip Op 5074

In the Matter of JESHAUN R. ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant; EAN R., Respondent. (Proceeding No. 1.) In the Matter of KAYLA R. ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant; EAN R., Respondent. (Proceeding No. 2.)

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

Decided June 7, 2011.

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

The Administration for Children's Services (hereinafter ACS) failed to establish by a preponderance of the evidence that the child Jeshaun R. was abused by the father (see Family Ct Act § 1046 [b] [i]). A child's out-of-court statements may form the basis for a finding of abuse if they are sufficiently corroborated by other evidence tending to support the reliability of the child...

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