IN RE: SHARON E. (Anonymous).

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Supreme Court, Appellate Division, Second Department, New York.

IN RE: SHARON E. (Anonymous). Orlando E. (Anonymous), Appellant; Commissioner of Social Services of City of New York, Respondent.

Decided: June 29, 1998

BRACKEN, J.P., COPERTINO, McGINITY and LUCIANO, JJ. Steven Greenfield, Great Neck, for appellant. Michael D. Hess, Corporation Counsel, New York City (Pamela Seider Dolgow and Jay Douglas Dean, of counsel), for respondent. Jane M. Spinak, New York City (Kenneth Rabb, of counsel), Law Guardian for the child.

In a child protective proceeding pursuant to Family Court Act article 10, the father appeals from an order of disposition of the Family Court, Queens County (Freeman, J.), dated December 17, 1996, which, upon a fact-finding order of the same court, dated December 15, 1995, made after a hearing, finding that the father had sexually abused the child, denied the father visitation with the child until specific provisions of the order of disposition are complied with.

ORDERED that the order of disposition is affirmed, without costs or disbursements.

 The Family Court properly found that the father had sexually abused the child.   The allegation of sexual abuse was conclusively proved by the father's conviction of sexual abuse in the second degree arising out of the same incident (see, Matter of Suffolk County Dept. of Social Servs. [Michael V.] v. James M., 188 A.D.2d 603, 604, 591 N.Y.S.2d 202, mod. on other grounds 83 N.Y.2d 178, 608 N.Y.S.2d 940, 630 N.E.2d 636;  Matter of Denise J ., 133 A.D.2d 687, 519 N.Y.S.2d 857;  Matter of Princess CC., 120 A.D.2d 917, 918, 502 N.Y.S.2d 554).

 It was in the best interests of the child for the court to deny visitation until the child's therapist approved and until the father demonstrated progress in a sex offender treatment program (see, Matter of Star Leslie W., 63 N.Y.2d 136, 147-148, 481 N.Y.S.2d 26, 470 N.E.2d 824;  Matter of Commissioner of Social Servs. of City of N.Y. [Trudy I.] v. Leona W., 192 A.D.2d 602, 596 N.Y.S.2d 141;  see, e.g., Matter of Child Protective Servs. [Shavon G.] v. Mary G., 185 A.D.2d 339, 586 N.Y.S.2d 308;  Matter of Nichole B., 175 A.D.2d 205, 572 N.Y.S.2d 346).


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