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Matter of Kimberly M

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1999
262 A.D.2d 237 (N.Y. App. Div. 1999)

Opinion

June 24, 1999.

Appeal from the Family Court, New York County (Ruth Zuckerman, J.).


Family Court's findings of neglect, both primary (as to Kimberly M.) and derivative (as to Shawn P.), against respondent mother were amply supported by police testimony and medical records attesting to, inter alia, bruises and other marks on the body of her daughter Kimberly consistent with excessive corporal punishment, by the mother's admission to the police that she had inflicted such injuries in the course of administering corporal punishment, by the mother's having failed to protect Kimberly from her paramour when he was obviously intoxicated, and by undisputed evidence of the mother's continued drug abuse ( see, Family Ct Act § 1012 [f] [i] [B]; see, e.g., Matter of R./W. Children, 240 A.D.2d 207, lv denied 90 N.Y.2d 807). The mother's recantation at trial of her admission to the police that she inflicted the child's bruises in the course of disciplining her children simply created a credibility issue to be resolved by the court ( see, Matter of R. /B. Children, 256 A.D.2d 96).

Concur — Mazzarelli, J. P., Wallach, Rubin, Andrias and Saxe, JJ.


Summaries of

Matter of Kimberly M

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1999
262 A.D.2d 237 (N.Y. App. Div. 1999)
Case details for

Matter of Kimberly M

Case Details

Full title:IN THE MATTER OF KIMBERLY M., and Another, Children Alleged to be…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 24, 1999

Citations

262 A.D.2d 237 (N.Y. App. Div. 1999)
692 N.Y.S.2d 345

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