The fact-finding order, including the findings of derivative abuse, was properly based on the acts admitted by respondent in his plea of guilty to rape in the first degree and two counts of sexual abuse in the first degree, and properly made in the context of a motion for summary judgment by petitioner that did not implicate respondent's right to be present at a fact-finding hearing where there was no showing of the existence of an issue of fact (see, Matter of Suffolk County Dept. of Social Servs. [Michael V.] v. James M., 83 N.Y.2d 178; Matter of Philip M., 186 A.D.2d 462 [citing, inter alia, Matter of James P., 137 A.D.2d 461],affd 82 N.Y.2d 238). We have considered and rejected respondent's other contentions.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.