Opinion
January 18, 1996
Appeal from the Family Court, New York County (Mary Bednar, J.).
Abuse of the daughter within the meaning of Family Court Act § 1012 (e) (iii) was made out by a preponderance of the credible evidence establishing that the daughter attempted to inform respondent that she was being sexually abused by her stepfather, that respondent ignored her, and that a reasonable and prudent parent would have inquired further of the daughter ( see, Matter of Lauren B., 200 A.D.2d 740; Matter of Katherine C., 122 Misc.2d 276). Indeed, respondent continued to do nothing to separate the daughter from the stepfather even after learning of facts that strongly corroborated the sexual abuse allegations. The derivative finding of neglect of the son was proper based on the abuse of the daughter (Family Ct Act § 1046 [a] [i]; see, Matter of Katherine C., supra, at 282).
Concur — Ellerin, J.P., Rubin, Nardelli, Tom and Mazzarelli, JJ.