IN RE: B. V. (2023)

Order of fact-finding and disposition (one paper), Supreme Court, Bronx County (E. Grace Park, J.), entered on or about December 16, 2022, which to the extent appealed from as limited by the briefs, after a hearing, found that respondent mother and respondent Anthony M., a person legally responsible for the subject children, neglected the children, unanimously affirmed, without costs.

A preponderance of the evidence supports the Family Court's determination that the mother, and respondent Anthony M., who is in a relationship with the mother and a person legally responsible for the subject children, neglected A.V. (the child).  The testimony of the mother and Anthony M., establish that the mother and Anthony M. repeatedly punished the child by isolating the child in the child's room, for extended periods of time, keeping the child from the child's siblings and family, resulting in the child having suicidal ideations.  Anthony M. also subjected all four children to verbal abuse, threats of physical violence and physical abuse (see Matter of Dyandria D., 303 A.D.2d 233, 757 N.Y.S.2d 12 [1st Dept. 2003], lv dismissed 1 N.Y.3d 623, 777 N.Y.S.2d 21, 808 N.E.2d 1280 [2004], cert denied sub nom.  Dyandria M. v. Administration for Children's Services, 543 U.S. 826, 125 S.Ct. 169, 160 L.Ed.2d 39 [2004];  Matter of Alethia R. [Jaynie T.J.], 191 A.D.3d 615, 142 N.Y.S.3d 526 [1st Dept. 2021];  Matter of Michele S. [Yi S.], 157 A.D.3d 551, 552, 67 N.Y.S.3d 628 [1st Dept. 2018]).  The mother failed to intervene and protect the children from Anthony M.’s abuse (see Matter of Anais G. [Lionell M.], 187 A.D.3d 439, 129 N.Y.S.3d 780 [1st Dept. 2020]).  The children's consistent, cross-corroborating accounts reliably support the court's findings (see Matter of Antonio S. [Antonio S., Sr.], 154 A.D.3d 420, 420–421, 61 N.Y.S.3d 226 [1st Dept. 2017]).  The Child Protective Specialist also testified that he personally observed Anthony M.’s anger and disparagement of the child in the child's presence.

We have considered respondents’ remaining arguments and find them unavailing.