7 A.D.3d 619 · Appellate Division of the Supreme Court of the State of New York · May 10, 2004
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In the Matter of Shavar B., a Child Alleged to be Neglected. Administration for Children's Services, Respondent Wayne M., (Proceeding No. 1.) In the Matter of Kimberly B., a Child Alleged to be Abused and Neglected. Administration for Children's Services, Respondent Wayne M., (Proceeding No. 2.) In the Matter of Bryton M., a Child Alleged to be Neglected. Administration for Children's Services, Respondent Wayne M., (Proceeding No. 3.)
In three related child protective proceedings pursuant to Family Court Act article 10, Wayne M. appeals from three fact-finding orders of the Family Court, Queens County (Salinitro, J.), all dated November 6, 2002 (one in each proceeding), which, after a fact-finding hearing, found that he sexually abused and neglected the child Kimberly B., and derivatively abused and neglected the children Bryton M. and Shavar B.
Ordered that the fact-finding orders are affirmed, without costs or disbursements.
[620] A preponderance of the evidence supported the Family Court’s determination that the appellant sexually abused and neglected Kimberly B. (see Matter of Nicole V., 71 NY2d 112 [1987]; Matter of Westchester County Dept. of Social Servs. [Adam B.] v Laura B., 216 AD2d 402 [1995]) and derivatively abused and neglected Shavar B. and Bryton M. (see Matter of Jasmine A., 295 AD2d 504 [2002]; Matter of Dutchess County Dept. of Social Servs. [Douglas E., III] v Douglas E., Jr., 191 AD2d 694 [1993]). The testimony of an expert in pediatrics, with a specialty in the field of child abuse, corroborated Kimberly’s allegations of sexual abuse (see Matter of Nicole V., supra at 122; Matter of Lamarr P., 237 AD2d 609 [1997]; Family Ct Act § 1046 [a] [vi]). Evidence of Kimberly’s subsequent recantations does not mandate setting aside the finding of abuse (see Matter of Jenna R., 207 AD2d 403 [1994]; Matter of Lisa S., 187 AD2d 435 [1992]).
The appellant’s remaining contentions are without merit. Florio, J.P., Townes, Cozier and Mastro, JJ., concur.