MATTER OF ALEJANDRA B.

16597, 16596

135 A.D.3d 480 (2016)

22 N.Y.S.3d 823

2016 NY Slip Op 00099

In the Matter of ALEJANDRA B. and Another, Children Alleged to be Abused. ALEJANDRO A., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

Decided January 12, 2016.


The finding that respondent sexually abused the older child by committing offenses against her defined in article 130 of the Penal Law is supported by a preponderance of the evidence (see Family Ct Act §§ 1012 [e] [iii]; 1046 [b] [i]). The then 10-year-old child's testimony concerning two incidents in which respondent asked her to lock the bedroom door, give him a massage and straddle him, while he bounced her up and down near his private parts and then kissed...

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