Opinion
Submitted October 29, 1999
December 2, 1999
In a child protective proceeding pursuant to Family Court Act article 10, the father appeals from an order of fact-finding and disposition (one paper) of the Family Court, Kings County (Turbow, J.), dated July 22, 1998, which, after a fact-finding hearing, found that he had abused and neglected his child, Asia B., and released Asia B. to the mother.
Mark Diamond, New York, N.Y., for appellant.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Alan Beckoff of counsel), for respondents.
Monica Drinane, New York, N.Y. (Marcia Egger of counsel), Law Guardian for the child.
SONDRA MILLER, J.P., MYRIAM J. ALTMAN, ROBERT W. SCHMIDT and NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
Contrary to the appellant's contention, the determination that his daughter is an abused and neglected child is supported by a preponderance of the evidence (see, Family Ct. Act § 1046 Fam. Ct. Act[B][i]; Matter of Tammie Z., 66 N.Y.2d 1 ). The evidence established that the child sustained a laceration to her head requiring stitches as a result of excessive corporal punishment by the appellant (see, Family Ct. Act § 1012 Fam. Ct. Act[f][i][B]; Matter of Tonya C., 220 A.D.2d 498 ; Matter of Danielle YY., 188 A.D.2d 894 ). Further, the appellant disciplined Asia B. by repeatedly hitting her on the head to "let her know I'm her father", created a "substantial risk of physical injury * * * by other than accidental means which would be likely to cause * * * serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ" (Family Ct. Act § 1012 Fam. Ct. Act[e][ii]; see, Matter of Nassau County Dept. of Social Servs., 191 A.D.2d 634 ;Matter of C. Children, 183 A.D.2d 767 ).
The father's remaining contention is without merit.
S. MILLER, J.P., ALTMAN, SCHMIDT, and SMITH, JJ., concur.