IN RE: JONATHAN F. (2002)

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

IN RE: JONATHAN F., A Child Under the Age of Eighteen Years, etc., Cynthia R., Respondent, Jose F., Respondent-Appellant, Administration for Children's Services, Petitioner-Respondent.

Decided: May 02, 2002

ANDRIAS, J.P., SULLIVAN, WALLACH, RUBIN and GONZALEZ, JJ.

Marcia Egger, for Jonathan F. Dennis Houdek, for Respondent-Appellant. Paul L. Herzfeld, for Petitioner-Respondent.

Order of disposition, Family Court, Bronx County (Marjory Fields, J.), entered on or about November 20, 1998, which, insofar as appealed from, adjudged that respondent neglected the subject child, discharged the child to his mother under the supervision of the Administration for Children's Services for 12 months and directed respondent to complete a parenting skills program and counseling for excessive corporal punishment, unanimously affirmed, without costs.

The finding of neglect is supported by evidence that it was respondent's practice to discipline the then two-year-old child by grabbing his shoulders and shaking him until he cried and the mother would beg respondent to stop (see, Family Ct. Act 1012[f][i][B] ). The absence of physical injury does not require a different result (see, Matter of Danielle M., 151 A.D.2d 240, 242-243, 542 N.Y.S.2d 525). In any event, there was evidence of injury to the child consisting of unexplained, four-inch-long scratches on the child's back.

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