Opinion
2002-09209
Argued May 6, 2003.
September 22, 2003.
In four related child protective proceedings pursuant to Family Court Act article 10, the petitioner and the Law Guardian separately appeal from an order of the Family Court, Queens County (Hunt, J.), dated October 8, 2002, which, after a fact-finding hearing, denied the petitions and dismissed the proceedings.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Paul L. Herzfeld of counsel), for petitioner-appellant.
Monica Drinane, New York, N.Y. (Jonathan M. Kratter, Maria J. Chiu, and Judith Waksberg of counsel), Law Guardian for the children, nonparty-appellant pro se.
Christian P. Myrill, New York, N.Y., for respondent Asia A.
Frank R. Land, Rockville Centre, N.Y., for respondent Mohamed A.
Stewart N. Altman, Mineola, N.Y., for respondent Nassa A.
Peter Wilner, Jamaica, N.Y., for respondent Mohamed Waris A.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, SONDRA MILLER, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the order is modified, on the law and the facts, by deleting the provision thereof dismissing the petitions and substituting therefor a provision finding that Rubina A. was sexually abused by Mohammed Waris A.; as so modified, the order is affirmed, without costs or disbursements, the orders of dismissal (one as to each child) dated October 8, 2002, are vacated, the petitions are reinstated, and the matters are remitted to Family Court, Queens County, for a dispositional hearing.
Family Court Act § 1046(b)(i) requires a finding of abuse or neglect of a child to be supported by a preponderance of the evidence ( see Matter of Tammie Z., 66 N.Y.2d 1). Here, a review of the record reveals that the Family Court erred in concluding that the petitioner failed to prove by a preponderance of the evidence that Rubina A. had been abused. Contrary to the conclusion of the Family Court, Rubina A. gave credible testimony regarding the constant and systematic abuse perpetrated upon her by Mohamed Waris A., and whatever contradictions were present in Rubina A.'s testimony can be attributed to familial pressure and a natural reluctance to come forward and testify ( see Matter of Nicole V., 71 N.Y.2d 112, 117; Matter of New York City Dept. Of Social Servs. v. Carmen J., 209 A.D.2d 525; see also Matter of Marc A., 301 A.D.2d 595). Thus, a preponderance of the evidence established that Rubina A. was sexually abused by Mohamed Waris A. Accordingly, we reinstate the petitions and remit the matters to the Family Court, Queens County, for a dispositional hearing.
RITTER, J.P., SMITH, S. MILLER and ADAMS, JJ., concur.