MATTER OF RAYSHAWN R.


309 A.D.2d 681 (2003)

765 N.Y.S.2d 872

In the Matter of RAYSHAWN R. and Another, Children Alleged to be Neglected. KATIE T., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

Decided October 28, 2003.


The court's findings of neglect, both primary as to Jerome T. and derivative as to Rayshawn R., against respondent grandmother, the legal guardian of Jerome T., were amply supported by the record. Petitioner proved by a preponderance of the evidence that respondent knew or should have known that the child's mother was inflicting excessive corporal punishment on Jerome, and that respondent failed to take any steps to protect him (see e.g. Matter of Kimberly M.,

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