| Matter of Hayden C. (Tafari C.) |
| 2015 NY Slip Op 06241 [130 AD3d 924] |
| July 22, 2015 |
| Appellate Division, Second Department |
[*1]
| In the Matter of Hayden C. Suffolk County Departmentof Social Services, Respondent; Tafari C., Appellant. (Proceeding No. 1.) In the Matterof Tapharye C. Suffolk County Department of Social Services, Respondent; Tafari C.,Appellant. (Proceeding No. 2.) |
Susan A. DeNatale, Bayport, N.Y., for appellant.
Dennis M. Brown, County Attorney, Central Islip, N.Y. (Mara E. Cella of counsel),for respondent.
Thomas W. McNally, Huntington, N.Y., attorney for the children.
Appeal from an order of fact-finding and disposition of the Family Court, SuffolkCounty (Caren Loguercio, J.), dated August 5, 2014. The order, after fact-finding anddispositional hearings, found that the father neglected the child Tapharye C. andderivatively neglected the child Hayden C. and placed the subject children with thenonrespondent mother.
Ordered that the order of fact-finding and disposition is affirmed, without costs ordisbursements.
"At a fact-finding hearing in a neglect proceeding pursuant to Family Court Actarticle 10, a petitioner has the burden of proving by a preponderance of the evidence thatthe subject child was neglected" (Matter of Negus T. [Fayme B.], 123 AD3d 836, 836[2014]; see Family Ct Act § 1046 [b] [i]; Matter of Luis N.P. [AlquiberR.], 127 AD3d 1201 [2015]; Matter of Jacob P. [Sasha R.], 107 AD3d 719 [2013])."Although parents have a right to use reasonable physical force against a child in order tomaintain discipline or to promote the child's welfare, the use of excessive corporalpunishment constitutes neglect" (Matter of Cheryale B. [Michelle B.], 121 AD3d 976, 977[2014]; see Matter of LaequiseP. [Brian C.], 119 AD3d 801, 802 [2014]; Matter of Matthew M. [Fatima M.], 109 AD3d 472[2013]).
In a child protective proceeding, unsworn out-of-court statements of the subject childmay be received and, if properly corroborated, will support a finding of abuse or neglect(see Matter of Nicole V., 71 NY2d 112, 117-118 [1987]; Matter of Mateo S. [Robin MarieY.], 118 AD3d 891, 892 [2014]). The Family Court has considerable discretionin deciding whether a child's out-of-court statement has been reliably corroborated andwhether the record as a whole supports a finding of neglect (see Matter of NicoleV., 71 NY2d at 119; Matterof Iouke H. [Terrence H.], 94 AD3d 889, 890-891 [2012]; Matter of Alexander M. [BenjaminM.], 88 AD3d 794, 795 [2011]; Matter of Joshua B., 28 AD3d 759 [2006]). Moreover,where the Family Court is primarily confronted with issues of credibility, its factual [*2]findings must be accorded considerable deference onappeal (see Matter of Cheryale B. [Michelle B.], 121 AD3d at 977; Matter ofMateo S. [Robin Marie Y.], 118 AD3d at 893; Matter of Jada K.E. [Richard D.E.], 96 AD3d 744[2012]).
Here, a preponderance of the evidence supported the Family Court's finding that thefather neglected the child Tapharye C. by inflicting excessive corporal punishment onhim (see Matter of Luis N.P. [Alquiber R.], 127 AD3d at 1202; Matter of Ishaq B. [Lea B.],121 AD3d 889 [2014]; Matter of Jenna U. [Derrick U.], 108 AD3d 725 [2013];Matter of Iouke H. [Terrence H.], 94 AD3d at 890-891). Contrary to the father'scontention, out-of-court statements by the subject children were sufficiently corroboratedby the testimony of a school nurse and the caseworkers employed by the Suffolk CountyDepartment of Social Services, who had also observed the evidence of physical injurysustained by Tapharye, as well as by the children's own cross-corroborating statements(see Matter of Mateo S. [Robin Marie Y.], 118 AD3d at 893; Matter of Nurridin B. [LouisJ.], 116 AD3d 770, 771 [2014]; Matter of Arique D. [Elizabeth A.], 111 AD3d 625, 627[2013]; Matter of Iouke H. [Terrence H.], 94 AD3d at 890-891; Matter of Maria Daniella R. [MariaA.], 84 AD3d 1384, 1385 [2011]).
Furthermore, although the father disputed the allegations, the Family Court'sdetermination that he lacked credibility is entitled to deference and is fully supported bythe record (see Matter of SarahW. [Barbara G.F.], 122 AD3d 931 [2014]; Matter of Cheryale B. [MichelleB.], 121 AD3d at 977).
Finally, the evidence which established that the father used excessive force todiscipline the child Tapharye C., and had engaged in a pattern of inappropriatedisciplinary efforts, was sufficient to support the Family Court's determination that hederivatively neglected Hayden C. (see Matter of Matthew M. [Fatima M.], 109 AD3d 472[2013]; Matter of Jacob P.[Sasha R.], 107 AD3d 719 [2013]; Matter of Amerriah S. [Kadiatou Y.], 100 AD3d 1006[2012]). Skelos, J.P., Hall, Austin and Sgroi, JJ., concur.