IN RE: K. A. (2024)

Order of disposition, Family Court, Bronx County (Fiordaliza A. Rodriguez, J.), entered on or about January 12, 2024, to the extent it brings up for review a fact-finding order, same court and Judge, entered on or about the same date, which found that respondent-appellant abused and neglected the subject child, unanimously affirmed, without costs.

A preponderance of the evidence supports Family Court's determination that appellant, whom the child considered to be a stepfather, sexually abused and neglected the child (Family Court Act §§ 1012[e][iii], 1046[b];  see Matter of Jani Faith B. [Craig S.], 104 A.D.3d 508, 509, 961 N.Y.S.2d 135 [1st Dept. 2013]).  The child's sworn testimony at the fact-finding hearing constituted competent evidence that appellant sexually abused her on five occasions between December 2021 and April 2022.  The fact that the child did not have a physical injury or that there was no corroboration of her testimony does not affect our evaluation of the testimony (see Matter of Alijah S. [Daniel S.], 133 A.D.3d 555, 556, 21 N.Y.S.3d 206 [1st Dept. 2015], lv denied 26 N.Y.3d 917, 2016 WL 531602 [2016];  Matter of Christina G. [Vladimir G.], 100 A.D.3d 454, 454, 957 N.Y.S.2d 1 [1st Dept. 2012], lv denied 20 N.Y.3d 859, 2013 WL 537153 [2013]).  Furthermore, the court could properly infer appellant's intent to gain sexual gratification from touching the child's breasts from the acts themselves (see Matter of Maria S. [Angel A.], 185 A.D.3d 437, 437, 124 N.Y.S.3d 792 [1st Dept. 2020]).

We find no basis for disturbing Family Court's determinations, which are entitled to deference on appeal (see Matter of Irene O., 38 N.Y.2d 776, 777, 381 N.Y.S.2d 865, 345 N.E.2d 337 [1975];  Matter of Emily S. [Jorge S.], 146 A.D.3d 599, 600, 44 N.Y.S.3d 743 [1st Dept. 2017]).

We have considered appellant's remaining arguments and find them unavailing.