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Matter of Tonya

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 1995
220 A.D.2d 498 (N.Y. App. Div. 1995)

Opinion

October 10, 1995

Appeal from the Family Court, Kings County (Hepner, J.).


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Family Court's determination that the appellant's fifteen-year-old niece, who was in the appellant's custody, had been neglected was supported by a preponderance of the evidence (see, Family Ct Act § 1046 [b] [i]). The appellant admitted that she had administered twenty-five lashes with a belt to the child. In addition, the physician who examined the child the next day testified that he had observed numerous bruises about her head and body including linear bruises on her arms, legs, chest, and back. The child's eye was swollen which resulted in a narrowing of her vision for several days. Also, the child sustained a small scar below her right eyebrow as a result of the beating. Such evidence was sufficient to establish neglect by a preponderance of the evidence (see, Matter of Anthony C., 201 A.D.2d 342; Matter of Jonathan C., 195 A.D.2d 554).

We have examined the appellant's remaining contentions and find them to be without merit. Balletta, J.P., Rosenblatt, Ritter and Pizzuto, JJ., concur.


Summaries of

Matter of Tonya

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 1995
220 A.D.2d 498 (N.Y. App. Div. 1995)
Case details for

Matter of Tonya

Case Details

Full title:In the Matter of TONYA C. MARGARET R., Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 10, 1995

Citations

220 A.D.2d 498 (N.Y. App. Div. 1995)
632 N.Y.S.2d 180

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