Opinion
8931
04-09-2019
IN RE ALYSSA–MARIE D., and Others, Children Under Eighteen Years of Age, etc., Richard Luke D., Respondent–Appellant, v. Commissioner of Social Services of the City of New York, Petitioner–Respondent.
Steven N. Feinman, White Plains, for appellant. Zachary W. Carter, Corporation Counsel, New York (Elina Druker of counsel), for respondent. Karen Freedman, Lawyers For Children, Inc., New York (Brenda Soloff of counsel), attorney for the children.
Steven N. Feinman, White Plains, for appellant.
Zachary W. Carter, Corporation Counsel, New York (Elina Druker of counsel), for respondent.
Karen Freedman, Lawyers For Children, Inc., New York (Brenda Soloff of counsel), attorney for the children.
Renwick, J.P., Richter, Tom, Kahn, Moulton, JJ.
Order of fact-finding, Family Court, New York County (Ta–Tanisha D. James, J.), entered on or about December 13, 2017, which, after a hearing, found that respondent father neglected the subject child Danny D. by inflicting excessive corporal punishment upon him, and derivatively neglected Danny's siblings, unanimously affirmed, without costs.
A preponderance of the evidence supports the determination that respondent inflicted excessive corporal punishment upon Danny ( Family Ct Act §§ 1012[f][i][B] ; 1046[b][i] ). The child's out-of-court statements made during his interview with an investigator from the Child's Advocacy Center were corroborated by his mother's testimony and by photographs depicting the child's injuries (see Matter of Krystopher D'A. [Amakoe D'A.], 121 A.D.3d 484, 994 N.Y.S.2d 107 [1st Dept. 2014] ). The fact that the child's injuries were the result of a single incident does not preclude a finding of excessive corporal punishment (see Matter of Rachel H., 60 A.D.3d 1060, 1061, 876 N.Y.S.2d 463 [2d Dept. 2009] ).
The finding of derivative neglect with respect to the remaining children was supported by the record. It is not necessary for a sibling to suffer physical injury in order for the court to find derivative neglect ( Matter of Matthew O. [Kenneth O.], 103 A.D.3d 67, 76, 956 N.Y.S.2d 31 [1st Dept. 2012] ). Rather, the evidence of neglect of Danny "demonstrated such an impaired level of parental judgment as to create a substantial risk of harm for any child in [respondent's] care" ( Matter of Joshua R., 47 A.D.3d 465, 466, 849 N.Y.S.2d 246 [1st Dept. 2008], lv denied 11 N.Y.3d 703, 864 N.Y.S.2d 807, 894 N.E.2d 1198 [2008] ).
We have considered respondent's remaining contentions and find them unavailing.