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In the Matter of ANDREW W. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; RANDOLPH A.W., Appellant, et al., Respondent. (Proceeding No. 1.) In the Matter of PRICILLA W. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; RANDOLPH A.W., Appellant, et al., Respondent. (Proceeding No. 2.) In the Matter of MICHAEL W. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; RANDOLPH A.W., Appellant, et al., Respondent. (Proceeding No. 3.).

Ordered that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the father's contention, the petitioner established by a preponderance of the evidence that he sexually abused his daughter ( see Family Ct Act § 1046 [b] [i]; Matter of Liza O., 47 AD3d 632). The daughter's out-of-court account of the abuse was corroborated both by her brother's out-of-court account as a witness to the abuse, and by the testimony of an expert in clinical and forensic psychology, with a specialization in child abuse, who evaluated the children ( see Matter of Nicole V., 71 NY2d 112, 120-121; Matter of Tristan R., 63 AD3d 1075, 1076-1077). Moreover, the Family Court providently exercised its discretion, in drawing a negative inference against the father for his failure to testify on his own behalf ( see Matter of Tajani B., 49 AD3d 876, 877).

The evidence that the father sexually abused his daughter evinced his flawed understanding of the duties of a parent and impaired parental judgment sufficiently to support the Family Court's finding that her two brothers were derivatively neglected ( see Matter of Grant W. [Raphael A.], 67 AD3d 922).

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IN RE ADMINISTRATION FOR CHILDREN'S SERVICES
(Apr 5, 2011)