Matter of Chaim T. (Joshua T.--Annette T.)

Matter of Chaim T. (Joshua T.--Annette T.) 2014 NY Slip Op 02301 Decided on April 2, 2014 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 2, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE, JJ.
2012-11437
2012-11438
(Docket Nos. N-202-09, N-203-09, N-204-09)

[*1]In the Matter of Chaim T. (Anonymous). New York City Administration for Children's Services, petitioner-respondent;

and

Joshua T. (Anonymous), appellant; Annette T. (Anonymous), respondent-respondent. (Proceeding No. 1)



In the Matter of Tziporah T. (Anonymous). New York City Administration for Children's Services, petitioner-respondent;

and

Joshua T. (Anonymous), appellant; Annette T. (Anonymous), respondent-respondent. (Proceeding No. 2)



In the Matter of Yehuda T. (Anonymous). New York City Administration for Children's Services, petitioner-respondent;

and

Joshua T. (Anonymous), appellant; Annette T. (Anonymous), respondent-respondent. (Proceeding No. 3)




Daniel P. Moskowitz, Jamaica, N.Y., for appellant.
Zachary W. Carter, Corporation Counsel, New York, N.Y.
(Elizabeth I. Freedman and Hanh H. Le of counsel), for
petitioner-respondent.
Larry S. Bachner, Jamaica, N.Y., for respondent-respondent.
Barbara J. Caravello, Jamaica, N.Y., attorney for the child
Chaim T.
Jennifer Hersh, Jamaica, N.Y., attorney for the child Tziporah
T.
Eric Perlmutter, Jamaica, N.Y., attorney for the child Yehuda
T.


DECISION & ORDER

In three related child abuse and neglect proceedings pursuant to Family Court Act article 10, the father appeals, as limited by his brief, from (1) so much of an order of fact-finding of the Family Court, Queens County (Tally, J.), dated January 5, 2012, as, after a hearing, found that he sexually abused the children Chaim T. and Tziporah T., and derivatively neglected the child Yehuda T., and (2) so much of an order of disposition of the same court dated December 12, 2012, as, upon the order of fact-finding, and after a dispositional hearing, directed that he complete a sex [*2]offenders' program and permitted him to have only supervised visitation with the subject children.

ORDERED that the appeal from the order of fact-finding is dismissed, without costs or disbursements, as the fact-finding order was superseded by the order of disposition and is brought up for review on the appeal from the order of disposition; and it is further,

ORDERED that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.

A preponderance of the evidence supported the Family Court's determination that the father sexually abused the children Chaim T. and Tziporah T., and derivatively neglected the child Yehuda T. (see Family Ct Act § 1046[b][i]; Matter of Nicole V., 71 NY2d 112; Matter of Angelica M. [Nugene A.], 107 AD3d 803, 804-805; Matter of Leah R. [Miguel R.], 104 AD3d 774; Matter of Daniel W., 37 AD3d 842, 843; Matter of Sylvia J., 23 AD3d 560, 562; Matter of Shavar B., 7 AD3d 619, 620). The out-of-court statements of Chaim T. and Tziporah T. were sufficiently corroborated by evidence of adverse changes in Chaim T.'s behavior and by the father's admissions that he physically "arranged" Chaim T.'s penis allegedly to make the child feel more comfortable and examined Tziporah T.'s vagina (see Matter of Amerriah S. [Kadiaton Y.], 100 AD3d 1006; Matter of Dave D. [Jean D.], 71 AD3d 673, 674; Matter of Liza O., 47 AD3d 632). Contrary to the father's contention, the element of intent to obtain sexual gratification could be inferred from the totality of the circumstances (see Matter of Raymond M., 13 AD3d 377, 378; Matter of Kryzstof K., 283 AD2d 431, 432).

The father's remaining contention is without merit.
RIVERA, J.P., BALKIN, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court