MATTER OF DAVID L.

12698A, 12698.

118 A.D.3d 468 (2014)

988 N.Y.S.2d 140

2014 NY Slip Op 4121

In the Matter of DAVID L. JR and Others, Children Alleged to be Abused and/or Neglected. DAVID L., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

Decided June 10, 2014.


The determination that respondent sexually abused two of the subject children, and thereby derivatively neglected the four other subject children, is supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]). The out-of-court statements of sexual abuse made by respondent's daughter were corroborated by the medical evidence and testimony of her counselor (see Family Ct Act § 1046 [a] [vi]; Matter of Estefania S. [Orlando S....

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