MATTER OF CHANYAE S. ADMINISTRATION FOR CHILDREN'S SERVICES

2009-06595.

82 A.D.3d 1247 (2011)

In the Matter of CHANYAE S. ADMINISTRATION FOR CHILDREN'S SERVICES, Appellant; RENA W. et al., Respondents. STEVEN BANKS, Nonparty Appellant. (And Other Titles.)

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

Decided March 29, 2011.


Ordered that the order is reversed insofar as appealed from, on the law and the facts, without costs or disbursements, and so much of the petition as alleged that the child was neglected by the father is granted.

Although parents have a right to use reasonable physical force "to maintain discipline or to promote the welfare" of their children (Penal Law § 35.10 [1]), the use of "excessive corporal punishment" constitutes neglect (Family Ct Act § 1012 [f...

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