MATTER OF EMPRESS B.

Docket No. NN-3774-76/21. Appeal No. 15798-15798A. Case No. 2021-03426.

204 A.D.3d 562 (2022)

165 N.Y.S.3d 298

2022 NY Slip Op 02753

In the Matter of Empress B. and Others, Children Alleged to be Neglected. Henrietta L., Appellant; Administration for Children's Services, Respondent.

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

Decided April 26, 2022.


Attorney(s) appearing for the Case

Steven N. Feinman , White Plains, for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Kevin Osowski of counsel), for respondent.

Dawne A. Mitchell , The Legal Aid Society, New York ( Polixene Petrakopoulos of counsel), attorney for the children.

Concur—Renwick, J.P., Kapnick, Gesmer, Moulton, Shulman, JJ.


A preponderance of the evidence supports the finding that respondent neglected the eldest child by inflicting excessive corporal punishment upon her (see Family Ct Act §§ 1012[f][i][B]; 1046[b][i]). The child's out-of-court statement that respondent physically fought with her was corroborated by the youngest child's out-of-court statements, which were submitted through a caseworker's testimony, as well as respondent's own out-of-court statements and testimony...

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