| Matter of Syed I. |
| 2009 NY Slip Op 03378 [61 AD3d 580] |
| April 28, 2009 |
| Appellate Division, First Department |
| In the Matter of Syed I. and Others, Children Alleged to beNeglected. Sheika I., Appellant; Administration for Children's Services, Respondent, et al.,Respondent. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Julie Steiner of counsel), forAdministration for Children's Services, respondent. Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), LawGuardian.
Order of fact-finding and disposition, Family Court, New York County (Sara P. Schechter,J.), entered on or about August 20, 2007, which released the subject children to their parentsunder the supervision of petitioner Commissioner of Administration for Children's Services ofthe City of New York upon a finding that the mother neglected the two older children andderivatively neglected the infant, unanimously affirmed, without costs.
A preponderance of the evidence supports the court's findings that the father neglected thetwo older children by, inter alia, inflicting excessive corporal punishment on them (Family CtAct § 1012 [f] [i] [B]) and that the mother neglected the two older children by failing totake appropriate measures to protect them from the father's excessive corporal punishment(see Matter of Alysha M., 24 AD3d 255 [2005], lv denied 6 NY3d 709 [2006]).This evidence supports the finding of derivative neglect as to the infant (see Matter of JoshuaR., 47 AD3d 465, 466 [2008], lv denied 11 NY3d 703 [2008]).
The children's out-of-court statements that the father punished them by hitting them, makingthem do knee bends, and threatening to withhold food if they did not memorize written passageswere amply corroborated by the father's medical records and the mother's statements [*2]that she feared the father, was aware of his deteriorating mentalhealth, and could not protect the children when he hit them (see Family Ct Act §1046 [a]; Matter of Nicole V., 71 NY2d 112, 118-119 [1987]). Concur—Saxe,J.P., Friedman, Moskowitz, Freedman and Richter, JJ.