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MATTER OF JAMES S. ADMINISTRATION FOR CHILDREN'S SERVICES

2010-11203.

88 A.D.3d 1006 (2011)

931 N.Y.S.2d 524

2011 NY Slip Op 7645

In the Matter of JAMES S. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; KATHLEEN S., Appellant. (Proceeding No. 1.) In the Matter of NICHOLAS R.W. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; KATHLEEN S., Appellant. (Proceeding No. 2.)

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

Decided October 25, 2011.

Ordered that the order of fact-finding is affirmed, without costs or disbursements.

Contrary to the mother's contention, the Family Court's finding of neglect as to the child James S., based on her use of excessive corporal punishment, is supported by a preponderance of the evidence (see Family Ct Act § 1012 [f] [i] [B]; § 1046 [b] [i]). That child's out-of-court statement regarding the use of corporal punishment by the mother was sufficiently corroborated...

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