| Matter of Jallah J. (George J.) |
| 2014 NY Slip Op 04765 [118 AD3d 1000] |
| June 25, 2014 |
| Appellate Division, Second Department |
[*1]
| In the Matter of Jallah J. Administration for Children'sServices, Respondent; George J., Appellant. (Proceeding No. 1.) In the Matter ofTah-Asia J. Administration for Children's Services, Respondent; George J., Appellant.(Proceeding No. 2.) In the Matter of Taheen J. Administration of Children's Services,Respondent; George J., Appellant. (Proceeding No. 3.) |
Scott M. Schwartz, Staten Island, N.Y., for appellant.
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgowand Suzanne K. Colt of counsel), for respondent.
Angela Conti, Staten Island, N.Y., attorney for the child Jallah J.
Scott A. Rosenberg, New York, N.Y. (Tamara A. Steckler and Amy Hausknecht ofcounsel), attorney for the children Tah-Asia J. and Taheen J.
In related child protective proceedings pursuant to Family Court Act article 10,George J. appeals from an order of fact-finding of the Family Court, Richmond County(Wolff, J.), dated January 29, 2013, which, after a fact-finding hearing, found that heneglected the child Taheen J. and derivatively neglected the children Jallah J. andTah-Asia J.
Ordered that the order of fact-finding is affirmed, without costs ordisbursements.
After a fact-finding hearing pursuant to Family Court Act article 10, any finding thata child is abused or neglected must be based on a preponderance of the evidence(see Family Ct Act § 1046 [b]; Matter of Nicole V., 71NY2d 112, 117 [1987]; Matterof Yanni D. [Hope J.], 95 AD3d 1313, 1313 [2012]). Neglect may beestablished by even a single incident of excessive corporal punishment (see Matter of Joseph O'D. [DeniseO'D.], 102 AD3d 874, 875 [2013]; Matter of Yanni D. [Hope J.], 95AD3d [*2]at 1313; Matter of Padmine M. [Sandra M.], 84 AD3d 806, 807[2011]). The Family Court's assessment of the credibility of witnesses is entitled toconsiderable deference (see Matter of Irene O., 38 NY2d 776, 777 [1975];Matter of Yanni D. [Hope J.], 95 AD3d at 1313).
Here, contrary to the appellant's contention, the Family Court's finding of neglectwith respect to the child Taheen J., based on excessive corporal punishment, wassupported by a preponderance of the evidence (see Family Ct Act§ 1012 [f] [i] [B]). Taheen's out-of-court statements that the appellantchoked and scratched his neck were sufficiently corroborated by testimony from acaseworker regarding her observations of Taheen's injuries, as well as by photographs ofthe injuries to his neck (seeMatter of Amerriah S. [Kadiatou Y.], 100 AD3d 1006, 1007 [2012]; Matter of Isaiah S., 63 AD3d948, 949 [2009]; Matter ofNicholas L., 50 AD3d 1141, 1142 [2008]).
The evidence also supported the derivative finding of neglect as to the children JallahJ. and Tah-Asia J. (see Family Ct Act § 1046 [a] [i]; Matter of Jacob P. [Sasha R.],107 AD3d 719, 720 [2013]; Matter of Delehia J. [Tameka J.], 93 AD3d 668, 669[2012]; Matter of James S.[Kathleen S.], 88 AD3d 1006, 1006-1007 [2011]). Chambers, J.P., Austin,Hinds-Radix and Duffy, JJ., concur.