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IN RE: JESSICA S. (Anonymous). Administration for Children's Services, respondent; Arthur S. (Anonymous), appellant. (Proceeding No. 1). In the Matter of Patrice S. (Anonymous). Administration for Children's Services, respondent; Arthur S. (Anonymous), appellant. (Proceeding No. 2). In the Matter of Nadine G. (Anonymous). Administration for Children's Services, respondent; Arthur S. (Anonymous), appellant. (Proceeding No. 3).
In three related child protective proceedings pursuant to the Family Court Act article 10, Arthur S. appeals, as limited by his brief, from so much of a fact-finding order of the Family Court, Richmond County (McElrath, J.), dated December 16, 2003, as, after a hearing, found that he sexually abused the children Jessica S. and Nadine G., and derivatively abused the child Patrice S.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
Contrary to the appellant's contention, a preponderance of the evidence supported the Family Court's determination that he sexually abused the children Jessica S. and Nadine G. (see Matter of Nicole V., 71 N.Y.2d 112, 524 N.Y.S.2d 19, 518 N.E.2d 914; Matter of Raymond M., 13 A.D.3d 377, 786 N.Y.S.2d 94; Matter of Latisha W., 221 A.D.2d 645, 634 N.Y.S.2d 510). The Family Court's derivative finding of abuse with respect to the child Patrice S. was also proper (see Matter of Raymond M., supra; Matter of Khabira B., 271 A.D.2d 606, 707 N.Y.S.2d 339). The out-of-court statements of the sisters corroborated each other's statements (see Matter of Nicole, supra at 123-124, 524 N.Y.S.2d 19, 518 N.E.2d 914; Matter of Victoria H., 255 A.D.2d 442, 443, 680 N.Y.S.2d 577; Matter of Latisha W., supra ).
Further, the fact-finding order made specific findings as to the particular sexual offenses under the Penal Law which the appellant committed, along with a description of the offending conduct. Thus, it was sufficient to satisfy Family Court Act § 1046(a).
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Decided: May 09, 2005
Court: Supreme Court, Appellate Division, Second Department, New York.
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