In re Janiya T.

1 Citing case

  1. In re Alven.

    2021 N.Y. Slip Op. 2805 (N.Y. App. Div. 2021)

    The Family Court's assessment of credibility of the witnesses is entitled to considerable deference unless clearly unsupported by the record (see Matter of Irene O., 38 NY2d 776, 777; Matter of Khadijah S. [Calondra A.], 186 AD3d 1223, 1225). "Although parents have a right to use reasonable physical force against a child in order to maintain discipline or to promote the child's welfare, the use of excessive corporal punishment constitutes neglect" (Matter of Janiya T. [Johnas M.], 191 AD3d 681, 682-683 [internal quotation marks omitted]; see Family Ct Act ยง 1012[f][i][B]; Matter of Elisa V. [Hung V.], 159 AD3d 827, 828). Here, a preponderance of the evidence supported the Family Court's determination that the stepmother neglected Isadora V. by inflicting excessive corporal punishment on her.