Matter of Makaya H.

Appeal from an amended order of the Supreme Court (Pritzker, J.), entered March 13, 2014 in Washington County, which, upon reargument, in a proceeding pursuant to Family Ct Act article 10, partially denied petitioner’s motion for summary judgment.

Respondent and his wife are the parents of Makaya (born in 2005), and his wife is the physical custodian of her daughter Viviana (born in 2001). Petitioner received a report that, in December 2011, respondent had physically and sexually abused Viviana. Following an investigation, petitioner commenced the present proceeding, alleging that respondent…