MATTER OF BRIAN B. (ANONYMOUS)

ORDERED that the appeals from the fact-finding orders are dismissed, without costs or disbursements, as those orders were superseded by the orders of disposition (see, Matter of Rizzo R., 255 A.D.2d 588) ; and it is further,

ORDERED that the appeals from so much of the orders of disposition as paroled Brian B. to his biological father and paroled Christopher B. to his mother are dismissed, without costs or disbursements, as those portions of the orders were entered on consent (see, Matter of Jonathan G., 278 A.D.2d 324); and it is further,

ORDERED that the orders of disposition are affirmed insofar as reviewed, without costs or disbursements.

While the appellant contends that the testimony at the fact-finding hearing was insufficient to prove that he abused his stepson and his son, the Family Court's finding of abuse against his stepson, Brian B., was made after granting the presentment agency's motion for summary judgment. The Family Court properly granted the motion based upon the appellant's criminal conviction of an offense arising out of the same underlying conduct (see, Matter of Suffolk County Dept. of Social Servs. [Michael V.] v. James M., 83 N.Y.2d 178; Matter of Jimmy A., 218 A.D.2d 734). The Family Court also properly made a finding of derivative abuse against the appellant's biological son, Christopher B. (see, Family Ct Act § 1046[a][i]; Matter of Jimmy A., supra, at 735).

The appellant's contention that he was deprived of various constitutional rights is without merit. It is unnecessary to address his remaining contentions.