| Matter of Oluwashola P. (Emma T.) |
| 2012 NY Slip Op 04218 [95 AD3d 778] |
| May 31, 2012 |
| Appellate Division, First Department |
| In the Matter of Oluwashola P., an Infant. Administration forChildren's Services, Appellant; Emma T., Respondent. |
—[*1] Tennille M. Tatum-Evans, New York, for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Judith Stern of counsel), attorney forthe child.
Order, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about November3, 2011, which dismissed the neglect petition against respondent mother, unanimously reversed,on the facts, without costs, the neglect petition granted, and the matter remanded for adispositional hearing.
The caseworker testified that the child stated that the mother beat him with a cord on hisback when he broke a toy. The child's statements were corroborated by a letter written by themother to her boyfriend in prison, which stated that she had "just" beaten the child as if it was"judgment day," for breaking the toy (see Matter of Christopher L., 19 AD3d 597 [2005]). The mother'sstatement that the letter was a "joke," and her subsequent claim that it was an expression of herfeelings, not her actions, is not credible in light of the fact that the letter was entirely consistentwith the four-year-old child's account of events. The fact that the caseworker did not see bruiseson the child's body a week later is not dispositive. Although deference should [*2]be accorded the Family Court's determination regarding thecredibility of the witnesses, this Court may properly make a finding of neglect based upon therecord (see Matter of Chanyae S. [RenaW.], 82 AD3d 1247 [2011]). Concur—Mazzarelli, J.P., Catterson, DeGrasse,Richter and Manzanet-Daniels, JJ.