Opinion
October 6, 1989
Appeal from the Monroe County Family Court, Sciolino, J.
Present — Dillon, P.J., Denman, Boomer, Green and Davis, JJ.
Order insofar as appealed from unanimously affirmed without costs. Memorandum: Family Court properly sustained a petition charging respondent with sexual abuse based upon respondent's conviction of first degree rape in a criminal proceeding in County Court involving the same incident which was the subject matter of the petition (see, S.T. Grand, Inc. v City of New York, 32 N.Y.2d 300; Ando v Woodberry, 8 N.Y.2d 165; Matter of Princess CC., 120 A.D.2d 917, 918). Neither County Court nor the prosecutor had authority to assure respondent that his plea was in full satisfaction of the petition pending in Family Court since Family Court has exclusive original jurisdiction over an abuse proceeding (see, Family Ct Act § 1013 [a]; cf., People v Selikoff, 35 N.Y.2d 227, 241).