Matter of Jazmyn R.
Citation | 2009 NY Slip Op 08144,67 A.D.3d 495,889 N.Y.S.2d 30 |
Decision Date | 12 November 2009 |
Docket Number | 1443. |
Parties | In the Matter of JAZMYN R. and Another, Children Alleged to be Neglected. LUCEITA F., Appellant. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent. |
Court | New York Supreme Court Appellate Division |
The finding of neglect is supported by a preponderance of the evidence (Family Ct Act § 1046 [b] [i]) showing that respondent inflicted excessive corporal punishment (Family Ct Act § 1012 [f] [i] [B]), by beating her daughter Kieasha with two intertwined belts that left a buckle-shaped bruise and puncture marks on her arm (see e.g. Matter of Fred Darryl B., 41 AD3d 276 [2007]; Matter of Maria Raquel L., 36 AD3d 425 [2007]). The out-of-court testimony of the child to the police detective was corroborated by the detective's observation of the bruise and puncture wounds (see Matter of Nicole V., 71 NY2d 112, 118 [1987]).
The mother's failure to testify at the fact-finding hearing permitted the court to draw the strongest inference against her (see Matter of Nassau County Dept. of Social Servs. v Denise J., 87 NY2d 73, 79 [1995]; Matter of Maria Raquel L. at 425).
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