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In the Matter of JAMES A. and Another, Children Alleged to be Abused and/or Neglected. ROBERT A., Appellant; MONROE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent.

Order unanimously affirmed without costs. Memorandum: The record supports the findings of Family Court that respondent abused his daughter and neglected his son. In concluding that respondent's daughter was sexually abused, the court credited the child's out-of-court statements describing the incident of abuse. Those statements were sufficiently corroborated by admissions made by respondent to the police that he improperly touched his daughter ( see, Family Ct Act § 1046 [a] [vi]; Matter of Sandra S., 195 A.D.2d 1070; Matter of Margaret W., 83 A.D.2d 557, lv denied 54 N.Y.2d 609; see also, Matter of Nicole V., 71 N.Y.2d 112, 118-119). Moreover, it can reasonably be inferred from the evidence that the acts were for the purpose of sexual gratification ( see, Matter of Patricia J., 206 A.D.2d 847, lv denied 84 N.Y.2d 810). The evidence also established that respondent neglected his son because his sexual abuse of his daughter demonstrated a fundamental defect in his understanding of the duties and obligations of parenthood and created an atmosphere detrimental to the physical, mental and emotional well-being of his son as well ( see, Family Ct Act § 1012 [f] [i]; Matter of Lynelle W., 177 A.D.2d 1008, 1009).

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MATTER OF JAMES
(Jul 14, 1995)