| Matter of Dave D. (Jean D.) |
| 2010 NY Slip Op 01792 [71 AD3d 673] |
| March 2, 2010 |
| Appellate Division, Second Department |
| In the Matter of Dave D. Administration for Children's Services,Respondent; Jean D., Appellant, et al., Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow andSuzanne K. Colt of counsel), for petitioner-respondent. Steven Banks, New York, N.Y. (Tamara A. Steckler and Marcia Egger of counsel), attorneyfor the child.
In a child protective proceeding pursuant to Family Court Act article 10, the father appeals,as limited by his brief, from so much of an order of fact-finding of the Family Court, KingsCounty (Ruiz, J.), dated March 3, 2009, as, after a fact-finding hearing, found that he hadsexually abused the subject child.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
Based upon our review of the record and deferring to the Family Court's resolution ofquestions of credibility (see Matter ofGrant W. [Raphael A.], 67 AD3d 922 [2009]; Matter of Liza O., 47 AD3d 632[2008]), we conclude that the Family Court's determination that the father sexually abused thechild is supported by a preponderance of the evidence (see Family Ct Act § 1046[b] [i]; Matter of Grant W. [RaphaelA.], 67 AD3d 922 [2009]). Contrary to the father's contention, the child's out-of-courtstatements were reliably corroborated by the father's admissions (see Family Ct Act§ 1046 [a] [vi]; Matter of Nicole V., 71 NY2d 112 [1987]; Matter of Erich J., 22 AD3d 849,850 [2005]; Matter of James A., 217 AD2d 961 [1995]; Matter of Margaret W.,83 AD2d 557 [1981]). Dillon, J.P., Miller, Eng and Roman, JJ., concur.