Opinion
582
March 25, 2003.
Order of disposition, Family Court, New York County (George Jurow, J.), entered on or about February 27, 1998, placing the subject child with petitioner Administration for Children's Services, upon a fact-finding determination that respondents physically abused and neglected the child, unanimously affirmed, without costs.
Susan Clement, for Earl M.
John A. Pappalardo Jay A. Maller, for respondents-appellants.
Scott Shorr, for petitioner-respondent.
Before: Buckley, P.J., Rosenberger, Lerner, Friedman, Gonzalez, JJ.
The findings of physical abuse, excessive corporal punishment and medical neglect are supported by a preponderance of the evidence adduced at the fact-finding hearing, including the child's in-court statements, the child's out-of-court statements to a Board of Education guidance counselor, an emergency room physician and an adult friend, the latter witnesses' testimony as to the bruises they observed on the child, and the testimony of another physician that X rays revealed a fracture to the
jaw consistent with a punch (see Matter of Yvelize T., 302 A.D.2d 242, 2003 N.Y. App. Div LEXIS 1282). No basis exists to disturb the Family Court's findings of credibility (see Matter of Samantha S., 296 A.D.2d 327). THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.