Yi S. v. Admin. for Children's Servs. of N.Y. (In re Michele S.)
| Decision Date | 18 January 2018 |
| Docket Number | 5473 |
| Citation | 157 A.D.3d 551,67 N.Y.S.3d 628 |
| Parties | IN RE MICHELE S., A Child Under Eighteen Years of Age, etc., Yi S., Respondent–Appellant, v. Administration for Children's Services of the City of New York, Petitioner–Respondent. |
| Court | New York Supreme Court — Appellate Division |
157 A.D.3d 551
67 N.Y.S.3d 628
IN RE MICHELE S.,
A Child Under Eighteen Years of Age, etc.,
Yi S., Respondent–Appellant,
v.
Administration for Children's Services of the City of New York, Petitioner–Respondent.
5473
Supreme Court, Appellate Division, First Department, New York.
ENTERED: JANUARY 18, 2018
Bruce A. Young, New York, for appellant.
Zachary W. Carter, Corporation Counsel, New York (Eric Lee of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the child.
Acosta, P.J., Sweeny, Gische, Andrias, Gesmer, JJ.
Order of disposition, Family Court, New York County (Clark V. Richardson, J.), entered on or about January 19, 2017, to the extent it brings up for review a fact-finding order, same court and Judge, entered on or about October 12, 2016, which found that respondent mother neglected the subject child, unanimously affirmed, without costs.
A preponderance of the evidence supports the finding that the mother neglected the child by inflicting excessive corporal punishment by scratching and pinching the child with enough force as to cause bruising and scratch marks that were visible days after the incident (see Family Ct Act § 1046[b][i] ; Matter of Naomi J. [Damon R.] , 84 A.D.3d 594, 923 N.Y.S.2d 467 [1st Dept. 2011] ). The child's out-of-court statements to ACS caseworkers that the mother physically abused her were sufficiently corroborated by the caseworkers' testimony as to their own observations of the child's injuries and the mother's testimony that she also saw a bruise on the child's arm (see Matter of Jazmyn R. [Luceita F.] , 67 A.D.3d 495, 889 N.Y.S.2d 30 [1st Dept. 2009] ; Matter of Fred Darryl B. , 41 A.D.3d 276, 836 N.Y.S.2d 878 [1st Dept. 2007] ). In addition, the finding that the mother neglected the child by verbally abusing her is supported by a preponderance of the evidence, because the child's...
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...neglected Kayla, Rebekah, and Esther by using excessive corporal punishment (see Family Ct. Act 1012[f][i][B] ; Matter of Michele S. [Yi S.], 157 A.D.3d 551, 67 N.Y.S.3d 628 ; Matter of Genesis F. [Xiomaris S.], 121 A.D.3d 526, 994 N.Y.S.2d 341 ; Matter of James S. [Kathleen S.], 88 A.D.3d ......
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