Opinion
1126.
05-12-2016
In re NEPHRA P.I., A Dependent Child Under Eighteen Years of Age, etc., Shanel N., et al., Respondents–Appellants, Administration for Children Services, Petitioner–Respondent.
Carol L. Kahn, New York, for Shanel N., appellant. Aleza Ross, Patchogue, for Nephra John P., appellant. Zachary W. Carter, Corporation Counsel, New York (Marta Ross of counsel), for respondent. Law Office of Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), attorney for the child.
Carol L. Kahn, New York, for Shanel N., appellant.
Aleza Ross, Patchogue, for Nephra John P., appellant.
Zachary W. Carter, Corporation Counsel, New York (Marta Ross of counsel), for respondent.
Law Office of Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), attorney for the child.
Order, Family Court, New York County (Jane Pearl, J.), entered on or about August 8, 2014, insofar as it determined that respondents derivatively neglected the subject child, unanimously affirmed, without costs.
A preponderance of the evidence demonstrates that respondents posed an imminent risk of harm to the subject child (see Family Court Act § 1046[a] [i], [b] ). Prior orders had found that respondent father neglected and abused others of his children by inflicting excessive corporal punishment upon them, derivatively neglecting another of his children, and that respondent mother failed to protect the children from the risk posed by their father. Respondents' previous behavior demonstrates so impaired a level of parental judgment as to create a substantial risk of harm for any child in their care (see Matter of Keith H. [Logann Marchele K.], 135 A.D.3d 483, 484, 24 N.Y.S.3d 35 [1st Dept.2016] ). The record establishes that the circumstances leading to the prior findings had not been ameliorated at the time of the filing of the instant petition (see Matter of Jayden C. [Luisanny A.], 126 A.D.3d 433, 2 N.Y.S.3d 349 [1st Dept.2015] ).
The child's brothers' out-of-court statements that the father inflicted excessive corporal punishment upon them and that the mother was aware of the excessive corporal punishment were properly admitted into evidence since the brothers' statements corroborated one another and were further corroborated by the caseworkers' observation of the brothers' injuries in the prior neglect proceeding (see Family Court Act § 1046[a][vi] ; Matter
of Genesis F.
[Xiomaris S.], 121 A.D.3d 526, 994 N.Y.S.2d 341 [1st Dept. 2014] ).
TOM, J.P., SWEENY, ANDRIAS, MANZANET–DANIELS, WEBBER, JJ., concur.