IN RE: ADONIS P. (2006)

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

IN RE: ADONIS P., A Child Under the Age of Eighteen Years, etc., Maria M., Respondent–Appellant, Sack M., Respondent, Administration for Children's Services, Petitioner–Respondent.

Decided: October 12, 2006

BUCKLEY, P.J., MAZZARELLI, WILLIAMS, GONZALEZ, SWEENY, JJ.

Kenneth M. Tuccillo, Hastings–on–Hudson, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Alan Beckoff of counsel), for Administration for Children's Services, respondent. Tamara A. Steckler, The Legal Aid Society, New York (Judith Stern of counsel), Law Guardian.

Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or about October 25, 2004, in proceedings pursuant to Family Court Act, article 10, which, to the extent appealed from, is premised upon a fact-finding determination of neglect, unanimously affirmed, without costs.

The finding of neglect as to the subject child is supported by a preponderance of the evidence (see Family Court Act § 1046[b][I] ) showing that respondent-appellant inflicted excessive corporal punishment (Family Court Act § 1012[f] [i][B]; Matter of Alena O., 220 A.D.2d 358, 360, 633 N.Y.S.2d 127 [1995] ). Evaluation of the testimony given by appellant's expert was for the fact-finder, and there is no basis on this record to disturb its determination. The out-of-court statements by the child were sufficiently corroborated (see Matter of Nicole V., 71 N.Y.2d 112, 118–119, 524 N.Y.S.2d 19, 518 N.E.2d 914 [1987]; Matter of Nicole H., 12 A.D.3d 182, 783 N.Y.S.2d 575 [2004] ).

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