| Matter of Iouke H. (Terrence H.) |
| 2012 NY Slip Op 02690 [94 AD3d 889] |
| April 10, 2012 |
| Appellate Division, Second Department |
| In the Matter of Iouke H. Administration for Children's Services,Respondent; Terrence H. et al., Appellants. Larry S. Bachner, Nonparty Appellant. (ProceedingNo. 1.) In the Matter of Jacoqua H. Administration for Children's Services, Respondent; TerrenceH. et al., Appellants. Larry S. Bachner, Nonparty Appellant. (Proceeding No. 2.) In the Matter ofMahaadai H. Administration for Children's Services, Respondent; Terrence H. et al., Appellants.Larry S. Bachner, Nonparty Appellant. (Proceeding No. 3.) In the Matter of Naihaem H.Administration for Children's Services, Respondent; Terrence H. et al., Appellants. (ProceedingNo. 4.) In the Matter of Marhosheda H. Administration for Children's Services, Respondent;Terrence H. et al., Appellants. (Proceeding No. 5.) In the Matter of Ahsunaiya H. Administrationfor Children's Services, Respondent; Terrence H. et al., Appellants. (Proceeding No.6.) |
—[*1] Lewis S. Calderon, Jamaica, N.Y., for appellant Terence H. Seymour Zager, New York, N.Y., for appellant Rhonda H. Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Julian L. Kalkstein and DianaLawless of counsel), for respondent. Adewole Agbayewa, Forest Hills, N.Y., attorney for the children Naihaem H., MarhoshedaH., and Ahsunaiya H.
In six related child neglect proceedings pursuant to article 10 of the Family Court Act, (1) theattorney for the children Iouke H., Mahaadai H., and Jacoqua H., appeals, as limited by his brief,from so much of an order of disposition of the Family Court, Queens County (McGowan, J.),dated March 9, 2011, as, upon an order of fact-finding of the same court dated September 8,2010, made after a fact-finding hearing, finding that the parents neglected the child MarhoshedaH. and that the parents derivatively neglected the children Iouke H., Mahaadai H., and JacoquaH., and after a dispositional hearing, placed those children in the custody of the petitioner, (2) themother Rhonda H., separately appeals from the same order of disposition, which, after thefact-finding hearing, and upon the same order of fact-finding, finding, inter alia, that sheneglected the child Marhosheda H., and derivatively neglected the children Iouke H., MahaadaiH., Jacoqua H., Naihaem H., and Ahsunaiya H., and after the dispositional hearing, among otherthings, placed the children in the care of the petitioner, and (3) the father Terrence H., separatelyappeals, as limited by his brief, from so much of the order of fact-finding as, after the fact-findinghearing, found that he neglected the child Marhosheda H., and derivatively neglected the childrenIouke H., Mahaadai H., Jacoqua H., Naihaem H., and Ahsunaiya H., and from the same order ofdisposition.
Ordered that the father's appeal from the order of fact-finding is dismissed, without costs ordisbursements, as the order of fact-finding was superseded by the order of disposition and isbrought up for review on his appeal from the order of disposition; and it is further,
Ordered that the order of disposition is affirmed, without costs or disbursements.
Contrary to the appellants' contentions, the Family Court's finding that the father neglectedthe child Marhosheda H. by inflicting excessive corporal punishment upon her is supported by apreponderance of the evidence (see Family Ct Act § 1046 [b] [i]). A child'sout-of-court statements may form the basis for a finding of neglect as long as they are sufficientlycorroborated by other evidence tending to support their reliability (see Family Ct Act§ 1046 [a] [vi]; Matter of RicoD., 19 AD3d 416 [2005]). The Family Court has considerable discretion in decidingwhether the statements have been sufficiently corroborated (see Matter of Joshua B., 28 AD3d 759, 760-761 [2006]). Here,Marhosheda's out-of-court statements that the father struck her in the face with a belt weresufficiently corroborated by the caseworker's observation of Marhosheda's facial injuries and thestatements by the child's siblings to the caseworker that they saw the father hit Marhosheda in theface with a belt (see Matter of IsaiahS., 63 AD3d 948, 949 [2009]; Matter of Nicholas L., 50 AD3d 1141 [2008]).
The finding that the mother neglected Marhosheda H. was supported by a preponderance ofthe evidence showing that she knew or should have known that the child's father was inflictingexcessive corporal punishment on Marhosheda, yet failed to take any steps to protect her (seeMatter of Rayshawn R., 309 AD2d 681, 682 [2003]; Matter of Eddie E., 219 AD2d719, 719-720 [1995]; see also Matter ofMichael M., 24 AD3d 199, 200 [2005]).
The findings of derivative neglect as to the parents' remaining children, Iouke H., Jacoqua H.,Mahaadai H., Naihem H., and Ahsunaiya H., are supported by a preponderance of the evidenceindicating the parents' lack of understanding of their parental responsibility (see Matter of Derek J., 56 AD3d558, 559 [2008]; Matter of AlyshaM., 24 AD3d 255 [2005]). Rivera, J.P., Dillon, Angiolillo and Leventhal, JJ., concur.