Opinion
June 21, 2001.
Order of disposition, Family Court, New York County (Gloria Sosa-Lintner, J.), entered on or about May 12, 2000, which released the subject children to respondent-appellant and co-respondent, upon a fact-finding determination that appellant neglected one of the subject children by inflicting excessive corporal punishment, and derivatively neglected the other subject children, and order, same court and Judge, entered on or about July 27, 2000, which denied appellant's motion to vacate the finding of neglect, unanimously affirmed, without costs.
Kenneth Rabb, for Timothy H.
David J. Lansner, for respondent-appellant.
Fay Ng, for petitioner-respondent.
Before: Rosenberger, J.P., Williams, Tom, Andrias, Marlow, JJ.
The finding of neglect was properly based on the stipulated fact that appellant punched the subject child in the face with such force as to leave teeth impressions on the inside of his cheek and also kicked him in the groin (Family Ct Act § 1012[f][I][B]). As Family Court found, such force could only have been chosen with the intent to hurt and humiliate the child (compare, Matter of P. Children, 272 A.D.2d 211, 212, lv denied 95 N.Y.2d 770). While the injury sustained by the child did not impair his physical or emotional health, the nature of the force was such as to create a substantial risk of such impairment, satisfying the imminent impairment requirement of the statute (see, Matter of C. Children, 183 A.D.2d 767, 768). The nature of the force also "demonstrates such an impaired level of parental judgment as to create a substantial risk of harm" for the other children, justifying the findings of derivative neglect (see, Matter of Brittney C., 242 A.D.2d 533).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.