| Matter of Sade B. (Scott M.) |
| 2013 NY Slip Op 01148 [103 AD3d 519] |
| February 21, 2013 |
| Appellate Division, First Department |
| In the Matter of Sade B. and Others, Children Alleged to beAbused and/or Neglected. Scott M., Appellant; Commissioner of Social Services of theCity of New York, Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Marta Ross of counsel), forrespondent. Tamara A. Steckler, The Legal Aid Society, New York (Judith Stern of counsel),attorney for the Children.
Order of fact-finding, Family Court, New York County (Rhoda J. Cohen, J.), enteredon or about September 14, 2011, which determined, after a fact-finding hearing, thatrespondent-appellant had abused Ashanti C., a child for whom he was legallyresponsible, and derivatively neglected Sade B. and Sapphire B., his biological children,unanimously affirmed, without costs.
The findings that respondent abused Ashanti, which were the only findingschallenged, were supported by a preponderance of the evidence (see Family CtAct § 1046 [b] [i]; Matter of Tammie Z., 66 NY2d 1, 3 [1985]). The courtproperly found that Ashanti's out-of-court statements were sufficiently corroborated byboth her sister's out-of-court statements to the caseworker and her mother's testimony(see Family Ct Act § 1046 [a] [vi]; Matter of Nicole V., 71 NY2d112, 119 [1987]). There is no reason to disturb the court's evaluation of the evidence,including its credibility determinations, as the findings were clearly supported by therecord (see Matter of IleneM., 19 AD3d 106, 106 [1st Dept 2005]).
As the preponderance of the evidence supported the findings, the court's improper[*2]admission of largely irrelevant evidence relating torespondent's character, and improper denial of respondent's motion to obtain Ashanti'sschool records, constitutes harmless error. Concur—Tom, J.P., Andrias, Freedman,Román and Gische, JJ.