Matter of Derrick C.
2008 NY Slip Op 07361 [55 AD3d 1320]
October 3, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


In the Matter of Derrick C. and Others, Infants. Jefferson County Department of Social Services, Respondent; Steven C., Appellant.

[*1] Tully Rinckey PLLC, Albany (Tracy Dam Chieco of counsel), for respondent-appellant.

Caraccioli & Nelson, PLLC, Oswego (Kathryn G. Wolfe of counsel), for petitioner-respondent.

Eugene J. Langone, Jr., Law Guardian, Watertown, for Derrick C., Jessica C. and Tori C.

Appeal from an order of the Family Court, Jefferson County (Richard V. Hunt, J.), entered June 4, 2007 in a proceeding pursuant to Family Court Act article 10. The order, inter alia, adjudged that respondent had sexually abused his son and derivatively abused his two daughters.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this sexual abuse proceeding pursuant to Family Court Act article 10, respondent contends that Family Court erred in giving collateral estoppel effect to his plea of guilty to a charge of sexual abuse in a parallel criminal action. We reject that contention (see Matter of Suffolk County Dept. of Social Servs. v James M., 83 NY2d 178, 182-183 [1994]; Matter of Mark H., 259 AD2d 1040 [1999]; see also Matter of Kali-Ann E., 27 AD3d 796, 798 [2006], lv denied 7 NY3d 704 [2006]). Present—Martoche, J.P., Smith, Lunn, Pine and Gorski, JJ.