MATTER OF ALEXANDER J.S.

2009-08536

72 A.D.3d 829 (2010)

899 N.Y.S.2d 281

In the Matter of ALEXANDER J.S., a Child Alleged to be Neglected. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; DAVID S., Appellant. (Proceeding No. 1.) In the Matter of JULIET C.S., a Child Alleged to be Neglected. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; DAVID S., Appellant. (Proceeding No. 2.)

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 13, 2010.


Ordered that the fact-finding order is reversed, on the law, without costs or disbursements, the petitions are denied, and the proceedings are dismissed.

Parents possess a right to use reasonable physical force to discipline their children (see Matter of Isaiah S., 63 A.D.3d 948, 949 [2009]; see also Penal Law § 35.10 [1]). However, a parent's use of excessive corporal punishment constitutes neglect (see...

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