Opinion
05-10-2017
In the Matter of IMAANI A. (Anonymous). Administration for Children's Services, respondent; Rafiyq A. (Anonymous), appellant. (and another proceeding).
Yasmin Daley Duncan, Brooklyn, NY, for appellant. Zachary W. Carter, Corporation Counsel, New York, NY (Pamela Seider Dolgow and Kathy Chang Park of counsel), for respondent. Seymour W. James, Jr., New York, NY (Tamara A. Steckler and Marianne Allegro of counsel), attorney for the child.
Yasmin Daley Duncan, Brooklyn, NY, for appellant.
Zachary W. Carter, Corporation Counsel, New York, NY (Pamela Seider Dolgow and Kathy Chang Park of counsel), for respondent.
Seymour W. James, Jr., New York, NY (Tamara A. Steckler and Marianne Allegro of counsel), attorney for the child.
Appeal by the father from an order of fact-finding of the Family Court, Kings County (Ann E. O'Shea, J.), dated March 3, 2016. The order, after a fact-finding hearing, inter alia, found that the father neglected the subject child.
ORDERED that the order of fact-finding is affirmed insofar as appealed from, without costs or disbursements.
The petitioner commenced this proceeding pursuant to Family Court Act article 10 alleging, inter alia, that the father neglected the subject child. After a fact-finding hearing, the Family Court determined that the father neglected the child by inflicting excessive corporal punishment. The father appeals.
"At a fact-finding hearing in a child protective proceeding pursuant to Family Court Act article 10, the petitioner has the burden of establishing, by a preponderance of the evidence, that the subject child has been abused or neglected" (Matter of Kyra S. [Kirtan D.S.], 128 A.D.3d 970, 971, 9 N.Y.S.3d 609 [internal quotation marks omitted]; see Matter of Era O. [Emmanuel O.], 145 A.D.3d 895, 896–897, 43 N.Y.S.3d 475 ). Here, contrary to the father's contention, a preponderance of the evidence supports the Family Court's finding that he neglected the child by inflicting excessive corporal punishment on her (see Family Court Act § 1012[f][i][B] ; Matter of Era O. [Emmanuel O.], 145 A.D.3d at 897–898, 43 N.Y.S.3d 475; Matter of Ishaq B. [Lea B.], 121 A.D.3d 889, 890, 994 N.Y.S.2d 405 ; Matter of Amerriah S. [Kadiatou Y.], 100 A.D.3d 1006, 1006–1007, 955 N.Y.S.2d 147 ; Matter of Justyce M. [Shavon E.], 77 A.D.3d 1407, 1408, 908 N.Y.S.2d 783 ; cf. Matter of Justin O., 28 A.D.3d 877, 878–879, 813 N.Y.S.2d 800 ).
HALL, J.P., SGROI, MALTESE and LaSALLE, JJ., concur.