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IN THE MATTER OF MAYABELLE F

Appellate Division of the Supreme Court of New York, Second Department.
Mar 29, 2004
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DECISION ORDER

ORDERED that the appeal by Jennifer F. is dismissed, without costs or disbursements, as abandoned ( see 22 NYCRR 670.8 [e]); and it is further,

ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from by Jean Emanuel T., without costs or disbursements.

The evidence adduced at the fact-finding hearing established by a preponderance of the evidence that Jean Emanuel T. (hereinafter the appellant) abused the child Mayabelle F. ( see Family Ct Act ยงยง 1012[e][iii], 1046[a][ii]). Contrary to the appellant's contentions, a finding of abuse may be based on a single incident ( see Matter of Rosina W., 297 A.D.2d 639; Matter of Barbara S., 244 A.D.2d 556; Matter of New York City Dept. of Social Servs. v. Alex R., 209 A.D.2d 702), and he was given ample opportunity by the Family Court to cross-examine the interviewing police officer regarding the circumstances surrounding his admission to the police while he was being questioned.

FLORIO, J.P., SCHMIDT, MASTRO and RIVERA, JJ., concur.