MATTER OF CHRISTIAN O.


51 A.D.3d 402 (2008)

856 N.Y.S.2d 612

In the Matter of CHRISTIAN O. and Another, Children Alleged to be Neglected. JUAN O., 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 May 1, 2008.


Appellant father does not challenge the dispositional order insofar as it released the children to their mother.

The record shows that when 11-year-old Christian arrived home significantly past his curfew without explanation, respondent lost his temper and kicked the mattress upon which Christian was lying. As he did so, Christian lifted his legs, and respondent kicked him once in the ankle. Medical treatment was not required, and there is no evidence to dispute the...

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