Matter of Amber B.
2007 NY Slip Op 03299 [39 AD3d 743]
April 17, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 6, 2007


In the Matter of Amber B., a Child Alleged to be Abused and Neglected. Orange County Department of Social Services, Respondent; Kenneth E., Appellant, et al., Respondent. (And Related Proceedings.)

[*1] Philip H. Schnabel, Chester, N.Y., for appellant.

David Darwin, County Attorney, Goshen, N.Y. (Peter R. Schwarz of counsel), for petitioner-respondent.

Gabriella F. Richman, Hollis Hills, N.Y., Law Guardian for Amber B.

Gary E. Eisenberg, New City, N.Y., Law Guardian for Jonathan E.

Todd D. Kadish, Brooklyn, N.Y., Law Guardian for Ruth E. and Kelly E.

In a child protective proceeding and related proceedings pursuant to Family Court Act article 10, Kenneth E. appeals, as limited by his brief, from so much of an order of fact-finding and disposition of the Family Court, Orange County (Kiedaisch, J.), entered June 13, 2005, as, after fact-finding and dispositional hearings, found that he had sexually abused the child Amber B.

Ordered that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements. [*2]

The Family Court's finding that the appellant sexually abused the child Amber B. was supported by a preponderance of the evidence (see Matter of Sanjeeda M., 24 AD3d 445 [2005]; Matter of Shavar B., 7 AD3d 619, 620 [2004]). Contrary to the appellant's contention, Amber B.'s out-of-court statements were corroborated by several sources, including the validating testimony of the child abuse expert and the testimony of a Department of Social Services caseworker (see Matter of Nicole V., 71 NY2d 112, 117-119 [1987]; Matter of Sanjeeda M., supra; Matter of Shavar B., supra). Rivera, J.P., Dillon, Angiolillo and Dickerson, JJ., concur.