Matter of Sade B. (Scott M.)
2013 NY Slip Op 01148 [103 AD3d 519]
February 21, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 27, 2013


In the Matter of Sade B. and Others, Children Alleged to be Abused and/or Neglected. Scott M., Appellant; Commissioner of Social Services of the City of New York, Respondent.

[*1] Susan Jacobs, The Center for Family Representation, New York (Emily S. Wall of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Marta Ross of counsel), for respondent.

Tamara A. Steckler, The Legal Aid Society, New York (Judith Stern of counsel), attorney for the Children.

Order of fact-finding, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about September 14, 2011, which determined, after a fact-finding hearing, that respondent-appellant had abused Ashanti C., a child for whom he was legally responsible, and derivatively neglected Sade B. and Sapphire B., his biological children, unanimously affirmed, without costs.

The findings that respondent abused Ashanti, which were the only findings challenged, were supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]; Matter of Tammie Z., 66 NY2d 1, 3 [1985]). The court properly found that Ashanti's out-of-court statements were sufficiently corroborated by both her sister's out-of-court statements to the caseworker and her mother's testimony (see Family Ct Act § 1046 [a] [vi]; Matter of Nicole V., 71 NY2d 112, 119 [1987]). There is no reason to disturb the court's evaluation of the evidence, including its credibility determinations, as the findings were clearly supported by the record (see Matter of Ilene M., 19 AD3d 106, 106 [1st Dept 2005]).

As the preponderance of the evidence supported the findings, the court's improper [*2]admission of largely irrelevant evidence relating to respondent's character, and improper denial of respondent's motion to obtain Ashanti's school records, constitutes harmless error. Concur—Tom, J.P., Andrias, Freedman, Román and Gische, JJ.