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In re G. & E. Children

183 A.D.2d 490 Court N.Y. App. Div. Decision date 1992-05-12 English

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p. 490
In the Matter of G. and E. Children, Alleged to be Abused. Diogenes E., Appellant; Commissioner of Social Services of the City of New York, Respondent, et al., Respondent.

— Fact-finding and dispositional orders, Family Court, New York County (Sheldon Rand, J.), dated March 13, 1990 and October 9, 1990, respectively, which found that respondent-appellant had sexually abused his daughter and had neglected both his daughter and his step-son, released the subject children to the respondent mother, under the supervision of the Child Welfare Administration, and directed respondent-appellant to attend sexual abuse counseling, unanimously affirmed, without costs.

The daughter’s out-of-court statements that she had been sexually abused by her father have ample corroboration in the record as a whole, including the testimony of the responding police officer, the independent statements of the step-son that the girl had been abused (see, Matter of Nicole V., 71 NY2d 112 , 124), and the testimony of the counseling psychologist that the daughter was exhibiting the classic symptoms of child abuse syndrome (see, supra, at 120-121).

We have considered appellant’s other arguments and find them to be without merit. Concur — Sullivan, J. R, Rosenberger, Ross, Smith and Rubin, JJ.

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