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MATTER OF KIMBERLY H.

242 A.D.2d 35 (1998)

673 N.Y.S.2d 96

In the Matter of Kimberly H., a Child Alleged to be Neglected. Elizabeth H., Respondent; Commissioner of Social Services of the City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 12, 1998

Attorney(s) appearing for the Case

Jane L. Gordon of counsel (Barry P. Schwartz on the brief; Jeffrey D. Friedlander, Acting Corporation Counsel of New York City, attorney), for appellant.

Kao Pin Lew for respondent.

Emily L. Kitay of counsel (Jane M. Spinak, Law Guardian), for infant.

MILONAS, J. P., WILLIAMS, TOM and ANDRIAS, JJ., concur.

SAXE, J.

The issue presented by this appeal is, in a derivative neglect proceeding involving a newborn infant, what weight should be accorded a finding, issued shortly before the infant's birth, that the infant's siblings were at imminent risk of harm due to excessive corporal punishment by their mother, requiring their removal from the home.

When Kimberly H. was born on November 3, 1997, her mother,...

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