| Matter of Kylani R. (Kyreem B.) |
| 2012 NY Slip Op 02162 [93 AD3d 556] |
| March 22, 2012 |
| Appellate Division, First Department |
| In the Matter of Kylani R. and Others, Children Alleged to beAbused and/or Neglected. Kyreem B., Appellant; Administration for Children Services,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Scott Shorr of counsel), forrespondent. Tamara A. Steckler, The Legal Aid Society, New York (Judith Stern of counsel), Attorneyfor the Children.
Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or aboutSeptember 22, 2010, which, upon fact-findings that respondent father sexually abused andneglected his stepdaughter and derivatively abused and neglected his two biological children,released the children to the custody of their mother, with supervision by petitionerAdministration for Children's Services and, inter alia, limited respondent to supervised visitationwith his two children, unanimously affirmed, without costs.
A preponderance of the evidence supports the finding that respondent sexually abused andneglected his stepdaughter (see Family Ct Act § 1012 [e] [iii]; § 1046 [b] [i])and the derivative finding as to the two biological children (see Family Ct Act§ 1046 [a] [i]; Matter of Marino S., 100 NY2d 361, 373-374 [2003], certdenied 540 US 1059 [2003]). The stepdaughter's testimony amply corroborated herout-of-court descriptions of the abuse (see Matter of Christina F., 74 NY2d 532, 536-537[1989]). Contrary to respondent's contention, the testimony contained only peripheralinconsistencies relating to dates and times, and the court did not err in crediting it.
The finding of derivative abuse and neglect is not undermined by the fact that, at the time ofthe abuse of the stepdaughter, one of the biological children was an infant and the other had notyet been born. The evidence of the abuse demonstrates that respondent's parental judgment [*2]and impulse control are so defective as to create a substantial risk ofharm to any child in his care (see Marino S., 100 NY2d at 374; Matter of VincentM., 193 AD2d 398, 404 [1993]; Matter of Nyjaiah M. [Herbert M.], 72 AD3d 567 [2010]).Concur—Tom, J.P., Friedman, Acosta, DeGrasse and Román, JJ.