Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: MARIA RAQUEL L., A Child Under the Age of Eighteen Years, etc., Anna V., Respondent-Appellant, Commissioner of Administration for Children's Services of the City of New York, Petitioner-Respondent.
Order of disposition, Family Court, New York County (Sara P. Schechter, J.), entered on or about December 15, 2003, insofar as it released the subject child to the custody of the nonparty biological father without petitioner's supervision, unanimously affirmed, without costs. Appeal from that part of the order suspending all visitation between mother and child unanimously dismissed as moot, without costs.
The preponderance of the evidence supports a finding that the mother engaged in excessive corporal punishment. The caseworker testified that the child reported being struck with a belt by her mother. The child's body, on examination, showed evidence of such a beating, with several significant marks on her back and extremities (see Matter of Jason G., 3 A.D.3d 340, 769 N.Y.S.2d 889 [2004], lv. denied 2 N.Y.3d 702, 778 N.Y.S.2d 461, 810 N.E.2d 914 [2004] ). Hospital records and photographs corroborated the caseworker's testimony as to marks on the child's body, and the child's report of being struck by the mother with a belt (see Family Ct. Act § 1046[a][vi] ). The mother's failure to testify at the fact-finding hearing permitted the court to draw the strongest inference against her (see Matter of Alysha M., 24 A.D.3d 255, 807 N.Y.S.2d 21 [2005], lv. denied 6 N.Y.3d 709, 813 N.Y.S.2d 45, 846 N.E.2d 476 [2006] ).
To the extent the dispositional order terminated the mother's visitation, it has been superseded by two other orders providing for supervised visitation, rendering academic this aspect of the mother's appeal (see e.g. Matter of Kayvonne S., 294 A.D.2d 118, 740 N.Y.S.2d 873 [2002] ).
Thank you for your feedback!
As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.
Decided: January 04, 2007
Court: Supreme Court, Appellate Division, First Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)