Opinion
12-02-2015
In the Matter of JEHOZADAK B.W. (Anonymous).Administration for Children's Services, respondent;Shira E.W. (Anonymous), appellant. (Proceeding No. 1)In the Matter of Jacob E.W. (Anonymous).Administration for Children's Services, respondent;Shira E.W. (Anonymous), appellant. (Proceeding No. 2)In the Matter of Jehozaphat A.B.W. (Anonymous).Administration for Children's Services, respondent;Shira E.W. (Anonymous), appellant. (Proceeding No. 3)In the Matter of Jannah W. (Anonymous).Administration for Children's Services, respondent;Shira E.W. (Anonymous), appellant. (Proceeding No. 4).
Peter Dailey, New York, N.Y., for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Victoria Scalzo of counsel), for respondent. Gail Jacobs, Great Neck, N.Y., attorney for the children Jehozadak B.W. and Jehozaphat A.B.W. Seymour W. James, Jr., New York, N.Y. (Tamara A. Steckler and Marcia Egger of counsel), attorney for the child Jacob E.W. Francine Shraga, Brooklyn, N.Y., attorney for the child Jannah W.
Peter Dailey, New York, N.Y., for appellant.
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Victoria Scalzo of counsel), for respondent.
Gail Jacobs, Great Neck, N.Y., attorney for the children Jehozadak B.W. and Jehozaphat A.B.W.
Seymour W. James, Jr., New York, N.Y. (Tamara A. Steckler and Marcia Egger of counsel), attorney for the child Jacob E.W.
Francine Shraga, Brooklyn, N.Y., attorney for the child Jannah W.
Opinion
Appeal from an order of fact-finding of the Family Court, Kings County (Daniel Turbow, J.), dated June 18, 2014. The order, after a hearing, determined that the mother neglected the child Jannah W. and derivatively neglected the children Jehozadak B.W., Jacob E.W., and Jehozaphat A.B.W.
ORDERED that the order of fact-finding is affirmed, without costs or disbursements.
Child neglect must be established by a preponderance of the evidence (see Family Ct. Act § 1046[b][i]; Matter of Joseph O'D. [Denise O'D.], 102 A.D.3d 874, 875, 958 N.Y.S.2d 731). In reviewing a Family Court's finding of child neglect, we accord considerable deference to that court's credibility assessments (see Matter of Joseph O'D. [Denise O'D.], 102 A.D.3d at 875, 958 N.Y.S.2d 731; Matter of Andrew B. [Deborah B.], 73 A.D.3d 1036, 1036, 900 N.Y.S.2d 661). Here, the Family Court's finding that the mother neglected Jannah W. by inflicting excessive corporal punishment upon her is supported by a preponderance of the evidence (see Matter of Cheryale B. [Michelle B.], 121 A.D.3d 976, 977, 995 N.Y.S.2d 135; Matter of Matthew M. [Fatima M.], 109 A.D.3d 472, 473, 970 N.Y.S.2d 271; Matter of Joseph O'D. [Denise O'D.], 102 A.D.3d at 875, 958 N.Y.S.2d 731; Matter of Yanni D. [Hope J.], 95 A.D.3d 1313, 1314, 944 N.Y.S.2d 923). At the hearing, the Administration for Children's Services introduced into evidence certain out-of-court statements by Jannah W. to the effect that her mother hit her in the eye with a telephone during the course of an altercation the mother had instigated between them. Those statements were corroborated by testimony as to the caseworkers' observations of Jannah W.'s injuries and the mother's own testimony concerning the altercation (see Family Ct. Act § 1046[a][vi]; Matter of Hayden C. [Tafari C.], 130 A.D.3d 924, 925, 13 N.Y.S.3d 564; Matter of Cheryale B. [Michelle B.], 121 A.D.3d 976, 977, 995 N.Y.S.2d 135; Matter of Jallah J. [George J.], 118 A.D.3d 1000, 1001, 989 N.Y.S.2d 91).
The evidence at the hearing also supported the Family Court's finding that the mother derivatively neglected the other children (see Family Ct. Act § 1046 [a][i]; Matter of Matthew M. [Fatima M.], 109 A.D.3d at 473, 970 N.Y.S.2d 271).
BALKIN, J.P., AUSTIN, MILLER and HINDS–RADIX, JJ., concur.