Opinion
9424
05-28-2019
IN RE PATRICK A. ST. M–H, a Child Under Eighteen Years of Age, etc., Patrick St. M., Respondent–Appellant, v. Administration for Children's Services, Petitioner–Respondent.
Steven N. Feinman, White Plains, for appellant. Zachary W. Carter, Corporation Counsel, New York (Deborah E. Wassel of counsel), for respondent. Bruce A. Young, New York, attorney for the child.
Steven N. Feinman, White Plains, for appellant.
Zachary W. Carter, Corporation Counsel, New York (Deborah E. Wassel of counsel), for respondent.
Bruce A. Young, New York, attorney for the child.
Friedman, J.P., Gische, Tom, Webber, Gesmer, JJ.
Order, Family Court, New York County (Jane Pearl, J.), entered on or about April 9, 2018, which, inter alia, upon a finding that respondent father neglected the subject child, released the child to nonrespondent mother with supervision by petitioner Administration for Children's Services for a period of 12 months, unanimously affirmed, without costs.
The finding of neglect based on the father's infliction of excessive corporal punishment on the then seven-year-old child was supported by a preponderance of the evidence, including the child's out-of-court statements, medical records and the caseworker's observations (see Matter of Deivi R. [Marcos R.] , 68 A.D.3d 498, 890 N.Y.S.2d 52 [1st Dept. 2009] ). When the child returned to the mother's care after spending the weekend with the father, the child had a bruise on his right cheek. The child disclosed to a caseworker, a pediatrician, and the mother that the father had slapped him twice in the face with enough force as to cause his tooth to bleed, and three days after the incident occurred, the child had a linear abrasion measuring two-to-three centimeters. This single instance of excessive corporal punishment is sufficient to make a finding of neglect (see e.g. Matter of Chance R. [Andre W.] , 168 A.D.3d 554, 555, 92 N.Y.S.3d 239 [1st Dept. 2019] ; Matter of Cevon W. [Talisha W.] , 110 A.D.3d 542, 974 N.Y.S.2d 38 [1st Dept. 2013] ).
We have considered the father's remaining arguments and find them unavailing.