Opinion
14975.
04-30-2015
In re GABRIEL J., and Others, Children Under Eighteen Years of Age, etc., Stacey J., Respondent–Appellant, Commissioner of Social Services of the City of New York, Petitioner–Respondent.
Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Drake A. Colley of counsel), for respondent. Andrew J. Baer, New York, attorney for the children Gabriel J, Hezekiah J., Jeremiah J. and Joshua J. Tamara A. Steckler, The Legal Aid Society, New York (Patricia Colella of counsel), attorney for the child Ezekiel J. Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for the child Isaiah J.
Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Drake A. Colley of counsel), for respondent.
Andrew J. Baer, New York, attorney for the children Gabriel J, Hezekiah J., Jeremiah J. and Joshua J.
Tamara A. Steckler, The Legal Aid Society, New York (Patricia Colella of counsel), attorney for the child Ezekiel J.
Karen Freedman, Lawyers for Children, Inc., New York (Shirim Nothenberg of counsel), attorney for the child Isaiah J.
ACOSTA, J.P., SAXE, DeGRASSE, RICHTER, JJ.
Opinion Order, Family Court, New York County (Stewart H. Weinstein, J.), entered on or about November 22, 2013, which, after a hearing, determined that respondent mother had neglected the six subject children, unanimously affirmed, without costs.
A preponderance of the evidence supports the finding that respondent mother's boyfriend inflicted excessive corporal punishment on three of the children (see Family Ct. Act §§ 1012[f][i][B] ; 1046[b][i] ), and that respondent mother knew or should have known about the abuse but failed to take any steps to protect those children (see Matter of Gabriel J. [O'Neill H.], 99 A.D.3d 543, 544, 952 N.Y.S.2d 521 [1st Dept.2012], lv. dismissed 20 N.Y.3d 999, 959 N.Y.S.2d 682, 983 N.E.2d 760 [2013] ). The children's out-of-court statements were cross-corroborated by each other's statements to the agency's caseworker, and by the caseworker's observation of an injury sustained by one of the children (see Matter of Jasmine A. [Albert G.], 120 A.D.3d 1125, 1125, 992 N.Y.S.2d 417 [1st Dept.2014] ; Matter of Carmine G. [Franklin G.], 115 A.D.3d 594, 594, 982 N.Y.S.2d 318 [1st Dept.2014] ). The caseworker also testified that the mother had acknowledged knowing about incidents in which the boyfriend punched one child in the head and struck another in the mouth, and that she did not address the situation. Further, the mother's behavior towards the three children who were subject to excessive corporal punishment “demonstrates a sufficiently faulty understanding of her parental duties to warrant an inference of an ongoing danger” to all of the children (Matter of Cevon W. [Talisha W.], 110 A.D.3d 542, 974 N.Y.S.2d 38 [1st Dept.2013] ).
The caseworkers' testimony concerning unsanitary conditions in the apartment was insufficient standing alone to provide an independent ground for finding neglect (see Matter of Clydeane C. [Annetta C.], 74 A.D.3d 486, 487, 902 N.Y.S.2d 80 [1st Dept.2010] ; Matter of Iyanah D., 65 A.D.3d 927, 927, 885 N.Y.S.2d 79 [1st Dept.2009] ).