IN RE: JAYVON L. (2005)

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

IN RE: JAYVON L., A Child Under the Age of Eighteen Years, etc., Jason L., Respondent-Appellant, Administration for Children's Services, Petitioner-Respondent.

Decided: May 17, 2005

BUCKLEY, P.J., MARLOW, SULLIVAN, GONZALEZ, SWEENY, JJ.

Anne Reiniger, New York, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Julian L. Kalkstein of counsel), for respondent.

Order, Family Court, Bronx County (Clark V. Richardson, J.), entered on or about July 2, 2003, in child protective proceedings pursuant to article 10 of the Family Court Act, insofar as it found that respondent had severely and repeatedly abused the subject child, unanimously affirmed, without costs.

In light of respondent's plea of guilty to murder in the second degree on a depraved indifference theory for having inflicted the ultimately fatal traumatic and burn injuries upon the subject child's sister, Inez, and the proven circumstance that this crime was committed while both Inez and the subject child were in respondent's care and custody, the derivative finding that respondent severely and repeatedly abused the subject child was entirely correct (see Matter of Marino S., 100 N.Y.2d 361, 373-376, 763 N.Y.S.2d 796, 795 N.E.2d 21 [2003], cert. denied 540 U.S. 1059, 124 S.Ct. 834, 157 L.Ed.2d 714 [2003] ).

We have reviewed respondent's remaining contentions and find them unavailing.

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