Opinion
2012-02-14
In the Matter of ALANNA S. (Anonymous).Administration for Children's Services, appellant;Regina A. (Anonymous), et al., respondents. (Proceeding No. 1)In the Matter of Alissa A. (Anonymous).Administration for Children's Services, appellant;Regina A. (Anonymous), et al., respondents. (Proceeding No. 2)In the Matter of Ashanti A. (Anonymous).Administration for Children's Services, appellant;Regina A. (Anonymous), et al., respondents. (Proceeding No. 3)In the Matter of Ashley A. (Anonymous).Administration for Children's Services, appellant;Regina A. (Anonymous), et al., respondents. (Proceeding No. 4)In the Matter of Justin N. (Anonymous).Administration for Children's Services, appellant;Regina A. (Anonymous), et al., respondents. (Proceeding No. 5)In the Matter of Patrick M. (Anonymous).Administration for Children's Services, appellant;Regina A. (Anonymous), et al., respondents. (Proceeding No. 6).
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Marta Ross of counsel), for appellant. Catherine S. Bridge, Staten Island, N.Y., for respondent Regina A.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Marta Ross of counsel), for appellant. Catherine S. Bridge, Staten Island, N.Y., for respondent Regina A. Mitchell P. Newman, Staten Island, N.Y., for respondent Christopher S.Marc A. Berk, Staten Island, N.Y., attorney for the children.PETER B. SKELOS, J.P., JOHN M. LEVENTHAL, PLUMMER E. LOTT and ROBERT J. MILLER, JJ.
In six related child protective proceedings pursuant to Family Court Act article 10, the Administration for Children's Services appeals from an order of fact-finding and disposition (one paper) of the Family Court, Richmond County (Wolff, J.), dated June 1, 2011, which, after a hearing, dismissed the petitions.
ORDERED that the order of fact-finding and disposition is reversed, on the facts, without costs or disbursements, the petitions are reinstated, it is found that the respondents neglected the subject children, and the matter is remitted to the Family Court, Richmond County, for a dispositional hearing followed by a disposition.
The petitioner showed by a preponderance of the evidence that the respondent Christopher S. neglected the child Alissa A. by inflicting excessive corporal punishment on her, specifically by hitting her with a broom, which injured and scarred her leg, and by pinching Alissa A. on her back hard enough to leave a raised mark ( see Matter of Rachel H., 60 A.D.3d 1060, 1061, 876 N.Y.S.2d 463; Matter of Aaliyah Q., 55 A.D.3d 969, 970, 865 N.Y.S.2d 714). The petitioner also showed by a preponderance of the evidence that the respondent mother, Regina A., neglected all of the subject children because she knew or should have known that Christopher S., who was frequently in the children's presence as their babysitter, verbally abused her in the presence of the children and inflicted excessive corporal punishment on Alissa A., and because she failed to prevent further contact between Christopher S. and Alissa A. once she became or should have become aware that Christopher S. had inflicted excessive corporal punishment on Alissa A. ( see Family Ct. Act § 1012[f][i][B]; Matter of Aliciya R., 56 A.D.3d 784, 869 N.Y.S.2d 140; Matter of Cantina B., 26 A.D.3d 327, 328, 809 N.Y.S.2d 539; Matter of Kanika M., 270 A.D.2d 490, 704 N.Y.S.2d 669; Matter of Maxwell B., 269 A.D.2d 444, 445, 703 N.Y.S.2d 210; Matter of Commissioner of Social Servs. of City of N.Y. v. Edyth W., 210 A.D.2d 328, 329, 620 N.Y.S.2d 402). Moreover, in light of the mother's failure to exercise a minimum degree of care in providing Alissa A. with proper supervision or guardianship, the petitioner also proved by a preponderance of the evidence that the mother derivatively neglected all of the subject children, who were also frequently in the presence of Christopher S. ( see Matter of Aliciya R., 56 A.D.3d 784, 869 N.Y.S.2d 140; Matter of Jose I., 13 A.D.3d 446, 447, 787 N.Y.S.2d 336; Matter of Amanda RR., 293 A.D.2d 779, 781, 740 N.Y.S.2d 485).
Accordingly, we reverse the order of fact-finding and disposition, reinstate the petition, and remit the matter to the Family Court, Richmond County, for a dispositional hearing, and a new disposition thereafter.