| Matter of Leah R. (Miguel R.) |
| 2013 NY Slip Op 01559 [104 AD3d 774] |
| March 13, 2013 |
| Appellate Division, Second Department |
| In the Matter of Leah R. Administration for Children'sServices, Respondent; Miguel R., Appellant, et al., Respondent. (Proceeding No. 1.) Inthe Matter of Skyla R. Administration for Children's Services, Respondent; Miguel R.,Appellant, et al., Respondent. (Proceeding No. 2.) |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Sharyn Rootenberg ofcounsel; Jared Kraminitz on the brief), for petitioner-respondent. Karen P. Simmons, Brooklyn, N.Y. (Tammy E. Linn and Janet Neustaetter ofcounsel), attorney for the children.
In two related child protective proceedings pursuant to Family Court Act article 10,the father appeals from an order of disposition of the Family Court, Kings County(Beckoff, J.), dated December 6, 2011, which, upon a fact-finding order of the samecourt dated October 27, 2011, made after a hearing, finding that he sexually abused hisdaughter Skyla R. and derivatively abused his daughter Leah R., released the children tothe custody of their mother. The appeal from the order of disposition brings up forreview the fact-finding order.
Ordered that the order of disposition is affirmed, without costs or disbursements.
The determination by the Family Court that the father sexually abused his thensix-year-old daughter, Skyla R., is supported by a preponderance of the evidence(see Family Ct Act § 1046 [b]; Matter of Lindsay B. [Carlton B.], 80 AD3d 763, 764[2011]; Matter of CandaceS., 38 AD3d 786, 787 [2007]; Matter of Beverly R., 38 AD3d 668, 670 [2007]). Skyla'sout-of-court statements concerning the father's sexual abuse were sufficientlycorroborated, inter alia, by the testimony of Skyla's cousin and half-sister, who testifiedregarding the father's sexual abuse of them in a similar manner many years earlier(see Family Ct Act § 1046 [a] [vi]; Matter of Michael F., 50 AD3d 796, 797 [2008]; Matter of Beverly R., 38 AD3d668, 670 [2007]).[*2]
Further, the father's abuse of Skyla demonstratesa flawed understanding of his duties as a parent and impaired parental judgmentsufficient to support the Family Court's finding of derivative abuse of the subject childLeah R. (see Matter of KyannaT. [Winston R.], 99 AD3d 1011, 1013 [2012]; Matter of Grant W. [RaphaelA.], 67 AD3d 922 [2009]; Matter of Rosy S., 54 AD3d 377, 378-379 [2008]).
The father's remaining contention is without merit. Mastro, J.P., Austin, Roman andCohen, JJ., concur.