IN RE: N.V. (2025)

Order of fact-finding and disposition (one paper), Family Court, Bronx County (Cynthia Lopez, J.), entered on or about October 25, 2023, which found, after a hearing, that respondent stepfather had sexually abused the subject child, unanimously affirmed, without costs.

A preponderance of the evidence supports Family Court's findings that the stepfather was a person legally responsible for the child and that he sexually abused the eight year old child on three occasions while the child slept in the same bed as the mother and stepfather (see Matter of Alexis W. [Efrain V.], 159 A.D.3d 547, 547, 73 N.Y.S.3d 163 [1st Dept. 2018];  see also Matter of K.A. [Rayfie T.], 231 A.D.3d 608, 609, 219 N.Y.S.3d 48 [1st Dept. 2024]).  The child's testimony was amply corroborated by out-of-court statements to Child Protective Services and school officials, and by the stepfather's own testimony that the child slept in the marital bed during the relevant period (see Matter of S.T.B. [Gerald C.], 225 A.D.3d 414, 415, 207 N.Y.S.3d 47 [1st Dept. 2024]).  There is no reason to disturb the court's credibility findings (see Matter of J.M. [Jennifer L.], 239 A.D.3d 539, 540, 239 N.Y.S.3d 112 [1st Dept. 2025]).

Contrary to the stepfather's contentions, the court properly precluded questions regarding the child's prior bad acts on relevance grounds (see Alexis W., 159 A.D.3d at 548, 73 N.Y.S.3d 163).