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MATTER OF JONATHAN R.F.-C.

9963, 9963B, 9963A, 9963C.

176 A.D.3d 416 (2019)

112 N.Y.S.3d 82

2019 NY Slip Op 07025

In the Matter of Jonathan R.F.-C., an Infant. Virgilio D.O., Appellant; Administration for Children's Services, Respondent.

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

Decided October 1, 2019.

Attorney(s) appearing for the Case

Larry S. Bachner , New York, for appellant.

Zachary W. Carter , Corporation Counsel, New York ( Deborah E. Wassel of counsel), for respondent.

Dawne A. Mitchell , The Legal Aid Society, New York ( Diane Pazar of counsel), attorney for the child.

Concur—Friedman, J.P., Tom, Webber, Gesmer, Oing, JJ.

Respondent failed to raise an issue of fact in opposition to petitioner's prima facie showing of his derivative abuse of the subject child (see Matter of Skylean A.P. [Jeremiah S.], 136 A.D.3d 515 [1st Dept 2016], lv denied 27 N.Y.3d 907 [2016]). Respondent was criminally convicted of raping the child's then seven-year-old half-sister and filming the sexual assault, and was sentenced to...

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