Matter of N.V. (Araceli H.)

Summary

The Appellate Division, First Department unanimously affirmed a Bronx County Family Court order finding that the respondent stepfather sexually abused the subject child. The court held that a preponderance of the evidence supported findings that the stepfather was legally responsible for the child and that the child's testimony was sufficiently corroborated; it also upheld the exclusion of questions concerning the child's prior bad acts.

Holdings

1. A preponderance of the evidence supported Family Court's findings that the respondent stepfather was a person legally responsible for the child and sexually abused her on three occasions.
2. There was no reason to disturb Family Court's credibility findings.
3. Family Court properly precluded questions regarding the child's prior bad acts on relevance grounds.

Questions Presented

1. Whether a preponderance of the evidence supported Family Court's findings that the respondent stepfather was legally responsible for the child and sexually abused her.
2. Whether the child's testimony was sufficiently corroborated by other evidence.
3. Whether Family Court properly declined to disturb its credibility findings.
4. Whether Family Court properly precluded questions concerning the child's prior bad acts as irrelevant.

Disposition

affirmed