MATTER OF T.S.

Docket Nos. NA-00502/17, NA-00503/17. Appeal No. 14866-14867. Case Nos. 020-00005, 2020-00606.

200 A.D.3d 569 (2021)

159 N.Y.S.3d 409

2021 NY Slip Op 07073

In the Matter of T.S. and Another, Infants. K.A. et al., Appellants; Administration for Children's Services, Respondent.

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

Decided December 16, 2021.


Attorney(s) appearing for the Case

Daniel R. Katz , New York, for K. A., appellant.

Larry S. Bachner , New York, for F. A., appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Nwamaka Ejebe of counsel), for respondent.

Dawne A. Mitchell , The Legal Aid Society, New York ( Amy Hausknecht of counsel), attorney for the children.

Concur—Kapnick, J.P., Friedman, González, Rodriguez, Pitt, JJ.


The finding that respondents abused their child T.S. is supported by a preponderance of evidence (see Family Ct Act §§ 1046[b][i]; 1012[e]). The court providently exercised its discretion in determining that T.'s out-of-court videotaped interview describing sexual abuse by her paternal grandfather, starting as early as age eight, and respondents' inaction in response was properly corroborated by the examining psychiatrist's testimony that T.'s behavior was...

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