Opinion
Nos. 3620, 3621.
May 8, 2008.
Order of disposition, Family Court, Bronx County (Douglas E. Hoffman, J.), entered on or about January 8, 2007, which, upon a fact-finding determination that respondent father had neglected his children, released the children to their mother's custody under petitioner's supervision for a period of 12 months, unanimously affirmed, without costs.
Michael S. Bromberg, Sag Harbor, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Marta Ross of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), Law Guardian.
Before: Tom, J.P., Williams, Catterson and Acosta, JJ.
The finding of neglect is supported by a preponderance of the evidence ( see Family Ct Act § 1046 [b] [i]) showing that respondent infl7icted excessive corporal punishment on his children ( see Family Ct Act § 1012 [f] [i] [B]). The children's out-of-court statements were cross-corroborating ( see Matter of Nicole V., 71 NY2d 112, 124). Further, the court credited the caseworker's testimony concerning respondent's angry behavior during and after a home visit and the children's apparent fearfulness in his presence. The court also appropriately considered a past adjudication of neglect against respondent that was based upon a finding of excessive corporal punishment involving the use of a belt against a toddler, as well as his current failure to follow agency recommendations ( see generally Matter of Evelyn B., 30 AD3d 913, 915-917, lv denied 7 NY3d 713), and his failure to testify, from which the court was entitled to draw the "strongest negative inference" ( Matter of Nicole H., 12 AD3d 182, 183).