Citations
- 37 A.D.3d 1101
- 831 N.Y.S.2d 301
Full opinion text
Appeal from an order of the Family Court, Erie County (Kevin M. Carter, J), entered March 8, 2006 in a proceeding pursuant to Family Court Act article 10. The order adjudged that the children are abused children and placed respondent under the supervision of petitioner for a period of 12 months.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Respondent appeals from an order of fact-finding and disposition determining that he sexually abused his 12-year-old daughter and derivatively abused his other children. Contrary to respondent’s contention, Family Court’s findings of sexual abuse are supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]). The testimony of the physician detailing the physical findings of sexual abuse sufficiently corroborates the out-of-court statements of the child that respondent sexually abused her (see Matter of Colberdee C., 2 AD3d 1316 [2003]). Present—Hurlbutt, J.E, Martoche, Smith, Fahey and Peradotto, JJ.