| Matter of Jacob H. (Logann K.) |
| 2012 NY Slip Op 03097 [94 AD3d 628] |
| April 24, 2012 |
| Appellate Division, First Department |
| In the Matter of Jacob H. and Another, Children Alleged to beNeglected. Commissioner of Social Services of the City of New York, Appellant; Logann K.,Respondent. |
—[*1] Dora M. Lassinger, East Rockaway, for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Judith Waksberg of counsel),attorney for the children.
Order of fact-finding, Family Court, New York County (Jody Adams, J.), entered on or aboutAugust 16, 2011, which, to the extent appealed from as limited by the briefs, after a fact-findinghearing, dismissed the petition alleging that respondent mother had neglected the subjectchildren, unanimously reversed, on the law and the facts, without costs, the petition reinstated asto those children, findings of derivative neglect entered as to them, and the matter remanded fordispositional hearings.
Family Court found that the mother had used inappropriate and excessive corporalpunishment against her oldest son and six-year-old daughter, and had derivatively neglected heryoungest daughter. We find that the same evidence supporting those findings demonstrates, by a[*2]preponderance of the evidence, that the mother hadderivatively neglected the subject children as well (see Family Ct Act § 1046 [a][i]; Matter of Ameena C. [WykishaC.], 83 AD3d 606, 607 [2011]; Matter of Joseph C. [Anthony C.], 88 AD3d 478, 479 [2011]).Concur—Mazzarelli, J.P., Sweeny, Moskowitz, Abdus-Salaam and Manzanet-Daniels, JJ.