IN THE MATTER OF JESSICA S

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Docket Number

2004-00774.

Judges

William F. Mastro
Reinaldo E. Rivera

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In the Matter of JESSICA S., a Child Alleged to be Abused and Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; ARTHUR S., Appellant. (Proceeding No. 1.) In the Matter of PATRICE S., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; ARTHUR S., Appellant. (Proceeding No. 2.) In the Matter of NADINE G., a Child Alleged to be Abused and Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; ARTHUR S., Appellant. (Proceeding No. 3.).

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

Contrary to the appellant's contention, a preponderance of the evidence supported the Family Court's determination that he sexually abused the children Jessica S. and Nadine G. ( see Matter of Nicole V., 71 NY2d 112; Matter of Raymond M., 13 AD3d 377; Matter of Latisha W., 221 AD2d 645). The Family Court's derivative finding of abuse with respect to the child Patrice S. was also proper ( see Matter of Raymond M., supra; Matter of Khabira B., 271 AD2d 606). The out-of-court statements of the sisters corroborated each other's statements ( see Matter of Nicole V., supra at 123-124; Matter of Victoria H., 255 AD2d 442, 443; Matter of Latisha W., supra).

Further, the fact-finding order made specific findings as to the particular sexual offenses under the Penal Law which the appellant committed, along with a description of the offending conduct. Thus, it was sufficient to satisfy Family Court Act § 1046 (a).

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