| Matter of Devante S. |
| 2008 NY Slip Op 04282 [51 AD3d 482] |
| May 8, 2008 |
| Appellate Division, First Department |
| In the Matter of Devante S. and Others, Children Alleged to beNeglected. John H., Appellant; Administration for Children's Services,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Marta Ross of counsel), forrespondent. Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), LawGuardian.
Order of disposition, Family Court, Bronx County (Douglas E. Hoffman, J.), entered on orabout January 8, 2007, which, upon a fact-finding determination that respondent father hadneglected his children, released the children to their mother's custody under petitioner'ssupervision for a period of 12 months, unanimously affirmed, without costs.
The finding of neglect is supported by a preponderance of the evidence (see FamilyCt Act § 1046 [b] [i]) showing that respondent inflicted excessive corporal punishment onhis children (see Family Ct Act § 1012 [f] [i] [B]). The children's out-of-courtstatements were cross-corroborating (see Matter of Nicole V., 71 NY2d 112, 124[1987]). Further, the court credited the caseworker's testimony concerning respondent's angrybehavior during and after a home visit and the children's apparent fearfulness in his presence.The court also appropriately considered a past adjudication of neglect against respondent thatwas based upon a finding of excessive corporal punishment involving the use of a belt against atoddler, as well as his current failure to follow agency recommendations (see generally Matter of Evelyn B., 30AD3d 913, 915-917 [2006], lv denied 7 NY3d 713 [2006]), and his failure to [*2]testify, from which the court was entitled to draw the "strongestnegative inference" (Matter of NicoleH., 12 AD3d 182, 183 [2004]). Concur—Tom, J.P., Williams, Catterson andAcosta, JJ.