MATTER OF DEVANTE S.


51 A.D.3d 482 (2008)

857 N.Y.S.2d 141

In the Matter of DEVANTE S. and Others, Children Alleged to be Neglected. JOHN H., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

Decided May 8, 2008.


The finding of neglect is supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]) showing that respondent inflicted excessive corporal punishment on his children (see Family Ct Act § 1012 [f] [i] [B]). The children's out-of-court statements were cross-corroborating (see Matter of Nicole V., 71 N.Y.2d 112, 124 [1987]). Further, the court credited the caseworker's testimony concerning...

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