Opinion
July 19, 1993
Appeal from the Family Court, Queens County (Lauria, J.).
Ordered that the order of disposition is affirmed, without costs or disbursements.
Contrary to the mother's contention, we find that the Family Court's order determining her son Jonathan to be a neglected child was supported by a preponderance of the credible evidence (see, Family Ct Act § 1046 [b] [i]; Matter of Tammie Z., 66 N.Y.2d 1). The record reveals that the mother admittedly struck her five-year-old son, causing him to lose consciousness, and thus the child's physical condition was impaired by the unreasonable infliction of excessive corporal punishment (see, Family Ct Act § 1012; Matter of Norland B., 191 A.D.2d 632; Matter of Commissioner of Social Servs. of City of N.Y. v. Roy C., 174 A.D.2d 744; Matter of C. Children, 169 A.D.2d 481; Matter of Rodney C., 91 Misc.2d 677). Moreover, the child's emotional condition was impaired or placed in imminent danger of impairment by the mother's failure to cooperate with the recommendations of the child's therapist (see, Matter of Melissa R., 162 A.D.2d 754; Matter of Ray, 95 Misc.2d 1026). Sullivan, J.P., Eiber, Pizzuto and Joy, JJ., concur.