| Matter of Teonia B. |
| 2007 NY Slip Op 00833 [37 AD3d 1101] |
| February 2, 2007 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Teonia B. and Others, Infants. Erie County Department of Social Services, Respondent; Anthony B., Appellant. |
—[*1]
Joseph T. Jarzembek, Buffalo, for petitioner-respondent.
David C. Schopp, Law Guardian, the Legal Aid Bureau of Buffalo, Inc., Buffalo (Charles D. Halvorsen of counsel), for Teonia B., Lavonte B., Iyana B. and Anthony B., Jr.
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.P., Martoche, Smith, Fahey and Peradotto, JJ.