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MATTER OF NADIYA MARIE S.

1149A, 1149, 1148.

139 A.D.3d 506 (2016)

30 N.Y.S.3d 541

2016 NY Slip Op 03823

In the Matter of NADIYA MARIE S. and Another, Children Alleged to be Abused. VIRGILIO DAVID O., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent, et al., Respondent.

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

Decided May 17, 2016.

The record supports Family Court's determination that when the sexual abuse occurred, respondent was a person legally responsible for the children's care; therefore, the finding of abuse against him is sustainable (see Family Ct Act § 1012 [a], [e] [iii]; [g]; Matter of Yolanda D., 88 N.Y.2d 790, 796 [1996]; Matter of Keoni Daquan A. [Brandon W. — April A.], 91 A.D.3d 414

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