| Matter of Laura C. (Eduardo C.) |
| 2013 NY Slip Op 05311 [108 AD3d 666] |
| July 17, 2013 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Laura C., an Infant. Administration for Children's Services, Respondent; Eduardo C., Appellant. |
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Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers
and Victoria Scalzo of counsel), for respondent.
Karen P. Simmons, Brooklyn, N.Y. (Janet Neustaetter and Barbara H. Dildine of
counsel), attorney for the child.
In a child protective proceeding pursuant to Family Court Act article 10, the father appeals from (1) a fact-finding order of the Family Court, Kings County (Ambrosio, J.), dated January 31, 2012, which, after a hearing, found that he sexually abused the subject child, and (2) an order of disposition of the same court (Gruebel, J.), dated May 14, 2012, which, upon the fact-finding order dated January 31, 2012, and after a dispositional hearing, inter alia, released the subject child to the custody of the mother.
Ordered that the appeal from the fact-finding order is dismissed, without costs or disbursements, as the fact-finding order was superseded by the order of disposition and is brought up for review on the appeal from the order of disposition; and it is further,
Ordered that the order of disposition is affirmed, without costs or disbursements.
"At a fact-finding hearing in a child protective proceeding pursuant to Family Court Act article 10, the petitioner has the burden of establishing, by a preponderance of the evidence, that the subject child has been abused or neglected" (Matter of Amber C. [Miguel C.], 104 AD3d 845, 846 [2013]; see Family Ct Act § 1046 [b] [i]; Matter of Adelia V. [Braun], 91 AD3d 659, 661 [2012]). The Family Court's assessment of the credibility of witnesses is entitled to considerable deference (see Matter of Irene O., 38 NY2d 776, 777 [1975]; Matter of Joseph O'D. [Denise O'D.], 102 AD3d 874, 875 [2013], lv denied 20 NY3d 863 [2013]; Matter of Yanni D. [Hope J.], 95 AD3d 1313 [2012]; Matter of Sadiq H. [Karl H.], 81 AD3d 647 [2011]). Here, contrary to the father's contention, the evidence adduced at the fact-finding hearing, including the sworn testimony of the child, was sufficient to prove, by a preponderance of the evidence, that he sexually abused the subject child (see Family Ct Act §§ 1012 [e] [iii]; 1046 [b] [i]; Penal Law §§ 130.52, 130.55, 130.60; Matter of Karen Patricia G., 44 AD3d 658, 660 [2007]; Matter of Latifah C., 34 AD3d 798, 799 [2006]). Eng, P.J., Rivera, Hall and Lott, JJ., concur.