Opinion
2014-06-25
In the Matter of JALLAH J. (Anonymous). Administration for Children's Services, respondent; George J. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Tah–Asia J. (Anonymous). Administration for Children's Services, respondent; George J. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Taheen J. (Anonymous). Administration of Children's Services, respondent; George J. (Anonymous), appellant. (Proceeding No. 3).
Scott M. Schwartz, Staten Island, N.Y., for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Suzanne K. Colt of counsel), for respondent.
Scott M. Schwartz, Staten Island, N.Y., for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Suzanne K. Colt of counsel), for respondent.
Angela Conti, Staten Island, N.Y., attorney for the child Jallah J.
Scott A. Rosenberg, New York, N.Y. (Tamara A. Steckler and Amy Hausknechtof counsel), attorney for the children Tah–Asia J. and Taheen J.
CHERYL E. CHAMBERS, J.P., LEONARD B. AUSTIN, SYLVIA O. HINDS–RADIX, and COLLEEN D. DUFFY, JJ.
In related child protective proceedings pursuant to Family Court Act article 10, George J. appeals from an order of fact-finding of the Family Court, Richmond County (Wolff, J.), dated January 29, 2013, which, after a fact-finding hearing, found that he neglected the child Taheen J. and derivatively neglected the children Jallah J. and Tah–Asia J.
ORDERED that the order of fact-finding is affirmed, without costs or disbursements.
After a fact-finding hearing pursuant to Family Court Act article 10, any finding that a child is abused or neglected must be based on a preponderance of the evidence ( seeFamily Ct. Act § 1046[b]; Matter of Nicole V., 71 N.Y.2d 112, 117, 524 N.Y.S.2d 19, 518 N.E.2d 914;Matter of Yanni D. [Hope J.], 95 A.D.3d 1313, 1313, 944 N.Y.S.2d 923). Neglect may be established by even a single incident of excessive corporal punishment ( see Matter of Joseph O'D. [Denise O'D.], 102 A.D.3d 874, 875, 958 N.Y.S.2d 731;Matter of Yanni D. [Hope J.], 95 A.D.3d at 1313, 944 N.Y.S.2d 923;Matter of Padmine M. [Sandra M.], 84 A.D.3d 806, 807, 922 N.Y.S.2d 527). The Family Court's assessment of the credibility of witnesses is entitled to considerable deference ( see Matter of Irene O., 38 N.Y.2d 776, 777, 381 N.Y.S.2d 865, 345 N.E.2d 337;Matter of Yanni D. [Hope J.], 95 A.D.3d at 1313, 944 N.Y.S.2d 923).
Here, contrary to the appellant's contention, the Family Court's finding of neglect with respect to the child Taheen J., based on excessive corporal punishment, was supported by a preponderance of the evidence ( seeFamily Ct. Act § 1012[f][i][B] ). Taheen's out-of-court statements that the appellant choked and scratched his neck were sufficiently corroborated by testimony from a caseworker regarding her observations of Taheen's injuries, as well as by photographs of the injuries to his neck ( see Matter of Amerriah S. [Kadiatou Y.], 100 A.D.3d 1006, 1007, 955 N.Y.S.2d 147;Matter of Isaiah S., 63 A.D.3d 948, 949, 880 N.Y.S.2d 528;Matter of Nicholas L., 50 A.D.3d 1141, 1142, 857 N.Y.S.2d 629).
The evidence also supported the derivative finding of neglect as to the children Jallah J. and Tah–Asia J. ( seeFamily Ct. Act § 1046[a][i]; Matter of Jacob P. [Sasha R.], 107 A.D.3d 719, 720, 967 N.Y.S.2d 89;Matter of Delehia J. [Tameka J.], 93 A.D.3d 668, 669, 939 N.Y.S.2d 570;Matter of James S. [Kathleen S.], 88 A.D.3d 1006, 1006–1007, 931 N.Y.S.2d 524).