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MATTER OF EJ W.

Docket Nos. NN-01492/21, NN-01514/21 Appeal No. 17179 Case No. 2022-02585.

212 A.D.3d 568 (2023)

181 N.Y.S.3d 569

2023 NY Slip Op 00387

In the Matter of EJ W. and Another, Children Alleged to be Neglected. Leroy E.W., Jr., Appellant; Administration for Children's Services, Respondent.

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

Decided January 26, 2023.

Attorney(s) appearing for the Case

Larry S. Bachner , New York, for appellant.

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

Dawne A. Mitchell , The Legal Aid Society, New York ( Amy Hausknecht of counsel), attorney for the child EJ W.

Concur—Friedman, J.P., Moulton, Kennedy, Pitt-Burke, JJ.

Order, Family Court, New York County (Valerie A. Pels, J.), entered on or about June 6, 2022, which, after a fact-finding hearing, determined that respondent father neglected EJ and derivatively neglected Ericka, unanimously affirmed, without costs.

A preponderance of the evidence supports the court's finding that the father neglected EJ by inflicting excessive corporal punishment and misusing alcohol to the extent he lost self-control of his actions (see Family...

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