| Matter of Adreanna M. (Kety M.) |
| 2012 NY Slip Op 04008 [95 AD3d 1213] |
| May 23, 2012 |
| Appellate Division, Second Department |
| In the Matter of Adreanna M. Westchester County Department ofSocial Services, Respondent; Kety M., Appellant. (Proceeding No. 1.) In the Matter of Adil A.Westchester County Department of Social Services, Respondent; Kety M., Appellant.(Proceeding No. 2.) In the Matter of Amviance A. Westchester County Department of SocialServices, Respondent; Kety M., Appellant. (Proceeding No. 3.) In the Matter of Antwone M.Westchester County Department of Social Services, Respondent; Kety M., Appellant.(Proceeding No. 4.) |
—[*1] Robert F. Meehan, County Attorney, White Plains, N.Y. (James Castro-Blanco and ThomasG. Gardiner of counsel), for respondent. Gary M. Gash, White Plains, N.Y. (Neal D. Futerfas of counsel), attorney for thechildren.
In related child protective proceedings pursuant to Family Court Act article 10, the motherappeals from a fact-finding order of the Family Court, Westchester County (Colangelo, J.), datedMarch 23, 2011, which, after a hearing, found that she had violated the terms of an order offact-finding and disposition and an order of protection, both dated March 24, 2009, by inflictingcorporal punishment upon one of the subject children.
Ordered that the fact-finding order dated March 23, 2011, is affirmed, without costs ordisbursements.
The Family Court properly found that the mother violated an order of fact-finding and [*2]disposition and an order of protection, both dated March 24, 2009,by inflicting corporal punishment upon one of the subject children. Although the WestchesterCounty Department of Social Services relied upon hearsay evidence, i.e., the testimony of thefather of the subject child Adil A. and a caseworker with respect to the child's out-of-courtstatements, "[a] child's out-of-court statements may form the basis for a finding of abuse [orneglect] if they are sufficiently corroborated by other evidence tending to support the reliabilityof the child's statements" (Matter ofJeshaun R. [Ean R.], 85 AD3d 798, 799 [2011]; see Family Ct Act § 1046[a] [vi]; Matter of Nicole V., 71 NY2d 112, 123 [1987]; Matter of Frank F., 12 AD3d 601[2004]). The child's out-of-court statements that the mother twisted his ear were sufficientlycorroborated by the photographs introduced into evidence at the hearing and the personalobservations of the father and the caseworker of the child's injuries, as well as the out-of-courtstatements by two of the child's siblings regarding similar incidents (see Matter of Alex R. [Maria R.], 81AD3d 463 [2011]; Matter of DylanTT. [Kenneth UU.], 75 AD3d 783 [2010]; Matter of Tristan R., 63 AD3d 1075, 1076, 1077 [2009]; Matter of Rachel H., 60 AD3d1060 [2009]). The findings of the Family Court on the issue of credibility are entitled toconsiderable deference and we find no reason to disturb its determination of the factual issues(see Matter of Jeshaun R. [Ean R.], 85 AD3d at 799; Matter of Candace S., 38 AD3d 786 [2007]; Matter of Sylvia J., 23 AD3d 560[2005]).
The mother's remaining contentions are either without merit or not properly before thisCourt. Rivera, J.P., Chambers, Roman and Miller, JJ., concur.