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MATTER OF ENRIQUE B.

267 A.D.2d 75 (1999)

699 N.Y.S.2d 384

In the Matter of ENRIQUE B., a Child Alleged to be Neglected. BRUNILDA B., Appellant; COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

Decided December 9, 1999.

The court's finding that respondent had neglected her son by subjecting him to excessive corporal punishment was supported by a preponderance of the evidence, including the credible testimony of the subject child during direct examination. The child's cross-examination testimony, given one month subsequent to his direct testimony, was properly discounted by Family Court based upon its observation of the child's erratic demeanor during cross-examination (see, Matter of...

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