MATTER OF JACOB V.

Docket No. NA-12530-31/19. Appeal No. 15880-15880A. Case No. 2021-02164.

205 A.D.3d 466 (2022)

165 N.Y.S.3d 696

2022 NY Slip Op 03063

In the Matter of Jacob V. and Another, Infants. Daniel V., Appellant; Administration for Children's Services, Respondent.

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

Decided May 5, 2022.


Attorney(s) appearing for the Case

Steven N. Feinman , White Plains, for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Rebecca L. Visgaitis of counsel), for respondent.

Aleza Ross , Patchogue, attorney for the children.

Concur—Gische, J.P., Kern, Oing, González, Scarpulla, JJ.


The determination that respondent sexually abused Jacob is supported by a preponderance of the evidence (see Family Ct Act §§ 1012[f][i][B]; 1046[a][i]; [b][i]). The child's out-of-court statements in a videotaped interview and to an agency caseworker were corroborated by the testimony of respondent's adult daughter, who disclosed that she too was sexually abused by respondent several times over the course of two years when she was Jacob's age (see e.g...

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