IN RE: CHARNEL T. (2008)

Order of disposition, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about March 21, 2007, placing the subject child in the custody of the Commissioner of Social Services based on a fact-finding determination of neglect, unanimously affirmed, without costs.

The finding of neglect is supported by a preponderance of the evidence (Family Ct. Act § 1046[b][i] ) showing that respondent inflicted excessive corporal punishment (Family Ct. Act § 1012[f][i][B];  Matter of Adonis P., 33 A.D.3d 405, 822 N.Y.S.2d 510 [2006] ).   The child's out-of-court statement that respondent hit him with an extension cord was sufficiently corroborated by the uncontroverted medical evidence of the child's injuries indicating linear abrasions and welts on his face, forearm, and back (see Matter of S./C. Children, 256 A.D.2d 88, 681 N.Y.S.2d 249 [1998] ).   The denial of respondent's applications pursuant to Family Court Act § 1028 for return of the child pending completion of neglect proceedings have been rendered moot by Family Court's subsequent fact-finding determination of neglect (Matter of Jabarry W., 24 A.D.3d 218, 804 N.Y.S.2d 922 [2005], lv. denied 6 N.Y.3d 711, 814 N.Y.S.2d 600, 847 N.E.2d 1173 [2006] ).   We have considered respondent's other arguments and find them unavailing.