Opinion
October 7, 1993
Appeal from the Family Court, Bronx County (Gloria Sosa-Lintner, J.).
The finding that appellant was guilty of neglect of her daughters Terrell and Latisha by virtue of having inflicted excessive corporal punishment (Family Ct Act § 1012 [f] [i] [B]; Matter of C. Children, 169 A.D.2d 481) and failing to provide the children with adequate psychological or psychiatric care (Matter of Sharnetta N., 120 A.D.2d 276, 281) was amply supported by a preponderance of the evidence (Matter of Michael B., 60 A.D.2d 628). Thus, the derivative finding was also proper (Matter of James P., 137 A.D.2d 461, 464). Nor was there any violation of appellant's due process rights (see, Matter of Michael G., 129 Misc.2d 186, 190), and the other contentions raised do not warrant reversal. Finally, any argument regarding the Family Court Act § 1028 hearing is moot in light of the neglect finding (Matter of Toni "WW", 52 A.D.2d 108, 111).
Concur — Murphy, P.J., Kassal, Rubin and Nardelli, JJ.