Matter of Nicole B. (Shana
B.)
2003 NYSlipOp 16953
Decided on
Appellate Division, First Department
This opinion is uncorrected and subject to revision before
publication in the Official Reports.
Nardelli, J.P.,
Mazzarelli, Andrias, Ellerin, Marlow, JJ. - 1666
[*1]In re Nicole B., A Child Under the Age of Eighteen
Years, etc.,
and Shana
B., et al., Respondents-Appellants, Administration for Children's Services,
Petitioner-Respondent.
Judith Stern
Geoffrey P. Berman
George E. Reed, Jr.
Larry A. Sonnenshein
Order, Family Court, Bronx County (Gayle Roberts, J.),
entered on or about May 10, 2001, finding that the subject child was abused by
respondent father and neglected by respondent mother, unanimously affirmed,
without costs.
A prima facie case of sexual abuse against the father was
made out by the child's detailed and consistent out-of-court statements made to
various professionals, as corroborated by the testimony of a child psychologist
and by medical reports based on two preliminary physical examinations
indicating a thinning hymenal wall (see Matter of
Nicole V., 71 NY2d 112, 122; Matter of Jaclyn P., 86 NY2d 875, cert denied sub
nom. Papa v Nassau County Dept. of Social Servs. 516
US 1093; Matter of Dora F., 239 AD2d 228, 230, lv
denied 92 NY2d 805). This showing amply supports the finding of sexual abuse,
which followed upon the father's failure to offer any evidence in defense. The
finding of neglect against the mother is supported by a preponderance of the
evidence (Family Ct Act § 1046[b][I]), showing that she failed to cooperate
with professionals who sought a full physical examination of the child after
preliminary medical findings indicated symptoms consistent with the child's
statements of sexual abuse; that she allowed the father into the family home in
violation of a temporary order of protection prohibiting any contact between
the father and child, and would allow him to live in the home unless prohibited
by a final order of protection; and that she believed the father's claims of
innocence over the [*2]child's compelling, substantiated claims of sexual
abuse. We have considered appellants' other arguments and find them to be
unavailing.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED:
CLERK