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In the Matter of GRANT W., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; RAPHAEL A., Appellant. (Proceeding No. 1.) In the Matter of LYNEVE A., a Child Alleged to be Abused and Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; RAPHAEL A., Appellant. (Proceeding No. 2.)

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

Based upon our review of the record and deferring to the Family Court's resolution of credibility issues ( see Matter of Irene O., 38 NY2d 776, 777; Matter of Liza O., 47 AD3d 632; Matter of Barbara S., 244 AD2d 556, 557), we conclude that the Family Court's determination that the father sexually abused the child Lyneve A. is supported by a preponderance of the evidence ( see Family Ct Act § 1046 [b] [i]; Matter of Jasmine A. 18 AD3d 546, 548-549; Matter of Nathaniel TT., 265 AD2d 611, 613-614).

Additionally, while a finding of sexual abuse of one child does not, by itself, establish that other children in the household have been derivatively neglected, here, the father's abuse of his daughter evinced a flawed understanding of his duties as a parent and impaired parental judgment sufficient to support the Family Court's finding of derivative neglect of the child Grant W. ( see Matter of Brian I., 51 AD3d 792, 793; Matter of Abigail S., 21 AD3d 380, 381; Matter of Raymond M., 13 AD3d 377, 377-378).

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IN RE GRANT
(Nov 17, 2009)