Opinion
2012-05-23
In the Matter of ADREANNA M. (Anonymous). Westchester County Department of Social Services, respondent; Kety M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Adil A. (Anonymous). Westchester County Department of Social Services, respondent; Kety M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Amviance A. (Anonymous). Westchester County Department of Social Services, respondent; Kety M. (Anonymous), appellant. (Proceeding No. 3) In the Matter of Antwone M. (Anonymous). Westchester County Department of Social Services, respondent; Kety M. (Anonymous), appellant. (Proceeding No. 4)
Marc A. Greenberg, Elmsford, N.Y., for appellant. Robert F. Meehan, County Attorney, White Plains, N.Y. (James Castro–Blanco and Thomas G. Gardiner of counsel), for respondent.
Marc A. Greenberg, Elmsford, N.Y., for appellant. Robert F. Meehan, County Attorney, White Plains, N.Y. (James Castro–Blanco and Thomas G. Gardiner of counsel), for respondent.
Gary M. Gash, White Plains, N.Y. (Neal D. Futerfas of counsel), attorney for the children.
REINALDO E. RIVERA, J.P., CHERYL E. CHAMBERS, SHERI S. ROMAN, and ROBERT J. MILLER, JJ.
In related child protective proceedings pursuant to Family Court Act article 10, the mother appeals from a fact-finding order of the Family Court, Westchester County (Colangelo, J.), dated March 23, 2011, which, after a hearing, found that she had violated the terms of an order of fact-finding and disposition and an order of protection, both dated March 24, 2009, by inflicting corporal punishment upon one of the subject children.
ORDERED that the fact-finding order dated March 23, 2011, is affirmed, without costs or disbursements.
The Family Court properly found that the mother violated an order of fact-finding and disposition and an order of protection, both dated March 24, 2009, by inflicting corporal punishment upon one of the subject children. Although the Westchester County Department of Social Services relied upon hearsay evidence, i.e., the testimony of the father of the subject child Adil A. and a caseworker with respect to the child's out-of-court statements, “[a] child's out-of-court statements may form the basis for a finding of abuse [or neglect] if they are sufficiently corroborated by other evidence tending to support the reliability of the child's statements” (Matter of Jeshaun R. [ Ean R.], 85 A.D.3d 798, 799, 925 N.Y.S.2d 533;seeFamily Ct. Act § 1046 [a][vi]; Matter of Nicole V., 71 N.Y.2d 112, 123, 524 N.Y.S.2d 19, 518 N.E.2d 914;Matter of Frank F., 12 A.D.3d 601, 784 N.Y.S.2d 386). The child's out-of-court statements that the mother twisted his ear were sufficiently corroborated by the photographs introduced into evidence at the hearing and the personal observations of the father and the caseworker of the child's injuries, as well as the out-of-court statements by two of the child's siblings regarding similar incidents ( see Matter of Alex R. [ Maria R.], 81 A.D.3d 463, 915 N.Y.S.2d 568;Matter of Dylan TT. [ Kenneth VV.], 75 A.D.3d 783, 905 N.Y.S.2d 345;Matter of Tristan R., 63 A.D.3d 1075, 1076, 1077, 883 N.Y.S.2d 229;Matter of Rachel H., 60 A.D.3d 1060, 876 N.Y.S.2d 463). The findings of the Family Court on the issue of credibility are entitled to considerable deference and we find no reason to disturb its determination of the factual issues ( see Matter of Jeshaun R. [ Ean R.], 85 A.D.3d at 799, 925 N.Y.S.2d 533;Matter of Candace S., 38 A.D.3d 786, 832 N.Y.S.2d 612;Matter of Sylvia J., 23 A.D.3d 560, 804 N.Y.S.2d 783).
The mother's remaining contentions are either without merit or not properly before this Court.