IN RE SADE B., AND OTHERS, CHILDREN UNDER THE AGE OF EIGHTEEN YEARS, ETC., SCOTT M., res-ap, COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK, pet-res

8948. IN RE SADE B., AND OTHERS, CHILDREN UNDER THE AGE OF EIGHTEEN YEARS, ETC., SCOTT M., res-ap, COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK, pet-res — Susan Jacobs, The Center for Family Representation, New York (Emily S. Wall of counsel), for ap Michael A. Cardozo, Corporation Counsel, New York (Marta Ross of counsel), for res — 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.

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8948. IN RE SADE B., AND OTHERS, CHILDREN UNDER THE AGE OF EIGHTEEN YEARS, ETC., SCOTT M., res-ap, COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK, pet-res — Susan Jacobs, The Center for Family Representation, New York (Emily S. Wall of counsel), for ap Michael A. Cardozo, Corporation Counsel, New York (Marta Ross of counsel), for res — 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]).

IN RE SADE B., AND OTHERS, CHILDREN UNDER THE AGE OF EIGHTEEN YEARS, ETC., SCOTT M., res-ap, COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK, pet-res

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