Admin. for Children's Servs. v. Fatima M. (In re Matthew M.)
| Decision Date | 07 August 2013 |
| Citation | 2013 N.Y. Slip Op. 05573,970 N.Y.S.2d 271,109 A.D.3d 472 |
| Parties | In the Matter of Matthew M. (Anonymous). Administration for Children's Services, respondent; Fatima M. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Alexis M. (Anonymous). Administration for Children's Services, respondent; Fatima M. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Briana M. (Anonymous). Administration for Children's Services, respondent; Fatima M. (Anonymous), appellant. (Proceeding No. 3). |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Emmanuel F. Ntiamoah, Brooklyn, N.Y., for appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Edward F.X. Hart and Julie Steiner of counsel), for respondent.
Steven Banks, New York, N.Y. (Tamara A. Steckler and Marcia Egger of counsel), attorney for the children.
WILLIAM F. MASTRO, J.P., L. PRISCILLA HALL, PLUMMER E. LOTT, and SANDRA L. SGROI, JJ.
In three related child protective proceedings pursuant to Family Court Act article 10, the mother appeals from (1) an order of disposition of the Family Court, Kings County (White, J.), dated July 2, 2012, which, upon a fact-finding order of the same court dated January 10, 2012, made after a hearing, finding that she neglected the child Briana M. and derivatively neglected the children Matthew M. and Alexis M., placed her under the supervision of the Administration for Children's Services for a period of two months, and (2) an order of the same court dated July 23, 2012, which denied her motion, in effect, to dismiss the petitions pursuant to Family Court Act § 1051(c). The appeal from the order of disposition brings up for review the fact-finding order.
ORDERED that the appeal from so much of the order of disposition as placed the mother under the supervision of the Administrationfor Children's Services for a period of two months is dismissed as academic, without costs or disbursements, as the period of supervision has expired; and it is further, ORDERED that the order of disposition is affirmed insofar as reviewed, without costs or disbursements; and it is further,
ORDERED that the order dated July 23, 2012, is affirmed, without costs or disbursements.
Although parents have a right to use reasonable physical force against a child in order to maintain discipline or to promote the child's welfare, the use of excessive corporal punishment constitutes neglect ( see Matter of Isaiah S., 63 A.D.3d 948, 880 N.Y.S.2d 528;see alsoPenal Law § 35.10; Family Ct. Act § 1012[f][i][B] ). The Family Court's finding of neglect as to the child Briana M., based upon the mother's use of excessive corporal punishment, is supported by a preponderance of the evidence ( seeFamily Ct. Act §§ 1012[f][i][B]; 1046[b][i] ). The evidence demonstrated that the mother struck then-eight-year-old Briana with a belt numerous times, causing marks on her back and arms ( see ...
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