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MATTER OF IVAHLY M.

5874 5873B 5873A 5873.

159 A.D.3d 423 (2018)

69 N.Y.S.3d 479

2018 NY Slip Op 01406

In the Matter of IVAHLY M. and Others, Children Alleged to be Neglected. JENNIFER L., Appellant; COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

Decided March 1, 2018.

Family Court's neglect finding against the mother based on her infliction of excessive corporal punishment on Aiden and Victor is supported by a preponderance of the evidence (see Matter of Deivi R. [Marcos R.], 68 A.D.3d 498 [1st Dept 2009]). The children's out-of-court statements that the mother had used excessive corporal punishment against them, on more than one occasion, including that the mother had punched Aiden in the face...

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