Matter of Kadri K. (Anonymous)

Summary

The Appellate Division, Second Department affirmed a Family Court order finding that Kevin K. sexually abused his fiancée's daughter and derivatively abused his son in related Family Court Act article 10 proceedings. The court held that the daughter's testimony and the surrounding circumstances supported the findings by a preponderance of the evidence, and that inconsistencies in her prior statements did not make her testimony unworthy of belief.

Holdings

1. The Family Court's findings that Kevin K. sexually abused the daughter and derivatively abused the son were supported by a preponderance of the evidence.
2. Minor inconsistencies between the daughter's hearing testimony and her prior statements did not render her testimony unworthy of belief.

Questions Presented

1. Whether the evidence established by a preponderance of the evidence that Kevin K. sexually abused the daughter within the meaning of Family Court Act § 1012(e)(iii)(A).
2. Whether the Family Court properly credited the daughter's testimony despite minor inconsistencies with her prior statements.
3. Whether the evidence supported the finding that Kevin K. derivatively abused his son.

Disposition

affirmed