IN RE KARIME R., AND OTHERS, CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., ROBIN P., res-ap, ADMINISTRATION FOR CHILDREN'S SERVICES, pet-res

2994-2995. IN RE KARIME R., AND OTHERS, CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., ROBIN P., res-ap, ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res — Andrew J. Baer, New York, for ap — Zachary W. Carter, Corporation Counsel, New York (Eric Lee of counsel), for res — TAMARA A. STECKLER, THE LEGAL AID SOCIETY, NEW YORK (AMY C. HAUSKNECHT OF COUNSEL), ATTORNEY FOR THE CHILDREN.—Order of fact-finding and disposition (one paper), Family Court, Bronx County (Robert D. Hettleman, J.), entered on or about September 18, 2014,¹ to the extent it brings up for review an order of fact-finding, same court and Judge, entered on or about September 24, 2014, which, among other things, found that respondent-appellant had sexually abused the oldest subject child and had derivatively abused the two youngest subject children, unanimously affirmed, without costs. Appeal from the fact-finding order, entered on or about September 24, 2014, unanimously dismissed, without costs, as subsumed in the appeal from the order of fact-finding and disposition (one paper).

The record supports Family Court’s determination that respondent was a person legally responsible for the care of the two oldest children when the sexual abuse occurred, because the oldest child’s undisputed testimony permitted “an inference of substantial familiarity” between herself, her siblings and respondent at the time of the abuse (Family Ct Act §1012[g]; Matter of Keoni Daquan A. [Brandon W.—April A.], 91 AD3d 414, 415 [1st Dept 2012] [internal quotation marks omitted]; Matter of Joel O. [Yvonne O.], 93 AD3d 491, 492 [1st Dept 2012]).