In re Branden P.
Opinion of the Court
Petitioner commenced a proceeding pursuant to Family Ct Act article 10 against respondent alleging that he abused and/or neglected his older son (born in 1998) (hereinafter the son) and
Contrary to respondent’s claim, petitioner met its burden to prove the allegations of abuse and neglect by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]; Matter of Keara MM. [Naomi MM.], 84 AD3d 1442, 1443 [2011]; Matter of Alexander F. [Raddad I.], 82 AD3d 1514, 1515 [2011]). Petitioner offered the testimony of two school employees describing statements made by the younger daughter to the effect that respondent had hurt her and had sexual contact with her; she further told the employees that the son had said that respondent “put his wiener into his butt.” A child protective caseworker and a State Police investigator testified that they conducted several joint interviews with the son in which he told them, among other things, that respondent had “put his pee pee in [the son’s] butt” after directing him to take off his clothes and bend over with his buttocks in the air. The son demonstrated the physical position that respondent had told him to assume, described and demonstrated a separate incident in which respondent touched the son’s “pee pee” with his hand, and told the workers that both of these events took place on the same day during a visit to respondent’s home in October 2009, on or around the son’s birthday. The caseworker further testified that she had also interviewed the older daughter, who stated that the son and the younger daughter had both told her that respondent had sexual contact with them. The caseworker also described a conversation with respondent in which he allegedly admitted that he “lied” in a written statement he gave to police.
The son’s maternal grandmother testified that, in October 2009, he told her that respondent had bent him over a couch
The foregoing constituted ample evidence establishing on a prima facie basis that respondent abused and neglected the son, thus shifting the burden to respondent to rebut the evidence of culpability (see Matter of Philip M., 82 NY2d 238, 244 [1993]; Matter of Brooke OO. [Lawrence OO.], 74 AD3d 1429, 1431 [2010], lv denied 15 NY3d 706 [2010]; Matter of Ashley RR., 30 AD3d 699, 700 [2006]). Respondent’s mother testified on his behalf, denying that respondent had access to the son at the time of the alleged abuse and stating that she did not believe the son’s claims that respondent abused him. Respondent’s aunt testified that she accompanied the son, the older daughter, and the paternal grandmother on a shopping trip on October 10, 2009, and hosted a birthday party for the son later that day; she stated that respondent was not present during these events. Respondent’s girlfriend — who is also the mother of the younger son — testified that she and respondent were out of town throughout the weekend in question. Notably, respondent did not testify on his own behalf, permitting Supreme Court “ ‘to draw the strongest inference against [him] as the opposing evidence would allow’ ” (Matter of Michael N. [Jason M.], 79 AD3d 1165, 1168 [2010], quoting Matter of Tashia QQ., 28 AD3d 816, 818 [2006]).
The son’s out-of-court statements were sufficiently corroborated “ ‘by other evidence introduced during the proceeding that tend[ed] to establish their reliability’ ” (Matter of Telsa Z. [Rickey Z. — Denise Z.], 71 AD3d 1246, 1249 [2010], quoting Matter of Kole HH., 61 AD3d 1049, 1051 [2009], lv dismissed 12 NY3d 898 [2009]; see Family Ct Act § 1046 [a] [vi]). “ ‘[A] relatively low degree of corroborative evidence is sufficient in abuse proceedings’ ” (Matter of Richard SS., 29 AD3d 1118,
Peters, J.P., Spain, McCarthy and Egan Jr., JJ., concur. Ordered that the orders are affirmed, without costs.
Supreme Court acknowledged that the precise date when the abuse occurred was uncertain, noting that it did not make a finding that respondent committed criminal sexual acts in the first degree (see Penal Law § 130.50 [3]) because it could not determine whether the events occurred before or after the son’s 11th birthday.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.