Opinion
12966-12966A Dkt. No. NN-48093/16 Case No. 2019-5564
01-28-2021
In the MATTER OF IBRAHEEM K., A Child Under Eighteen Years of Age, etc., Jacqueline N., Respondent-Appellant, v. Administration for Children's Services, Petitioner-Respondent.
Carol L. Kahn, New York, for appellant. James E. Johnson, Corporation Counsel, New York (Rebecca L. Visgaitis of counsel), for respondent.
Carol L. Kahn, New York, for appellant.
James E. Johnson, Corporation Counsel, New York (Rebecca L. Visgaitis of counsel), for respondent.
Acosta, P.J., Webber, Oing, Scarpulla, JJ.
Order of disposition, Family Court, New York County (Patria Frias–Colon, J.), entered on or about June 28, 2019, to the extent it brings up for review a fact-finding order, same court and Judge, entered on or about February 21, 2019, which, after a hearing, determined that respondent mother neglected the subject child, unanimously affirmed, without costs. Appeal from fact-finding order, unanimously dismissed, without costs, as subsumed in the appeal from the order of disposition.
A preponderance of the evidence supports the determination that the mother neglected the child by inflicting excessive corporal punishment, thereby placing the child at imminent risk of physical and emotional harm (see e.g. Matter of Naitalya B. [Melissa B.]., 150 A.D.3d 441, 52 N.Y.S.3d 366 [1st Dept. 2017] ; Matter of Alanna S. [Regina A.], 92 A.D.3d 787, 939 N.Y.S.2d 476 [2d Dept. 2012] ). The mother threatened to send the child to the Middle East because of the child's sexual orientation with the implication that the child would be killed for that reason. The Family Court considered the child's mental health history and providently credited the allegations made by the child to the child's protective specialists that the child was beaten by the mother with a belt and broom and that the child was fearful of her, while discounting the child's later attempt to recant such allegations (see Matter of Elisa V. [Hung V.], 159 A.D.3d 827, 828–829, 71 N.Y.S.3d 626 [2d Dept. 2018] ). The court's credibility determinations are entitled to great deference (see Matter of Irene O., 38 N.Y.2d 776, 777, 381 N.Y.S.2d 865, 345 N.E.2d 337 [1975] ). Contrary to the mother's argument, there is no basis to modify or vacate the neglect finding for good cause (compare Matter of Daniella A. [Jessica A.], 153 A.D.3d 426, 427, 60 N.Y.S.3d 116 [1st Dept. 2017] ).
We have considered the mother's remaining arguments and find them unavailing.