Vernon B., Respondent–Appellant. v. << (2001)

 Family Court's findings that respondent's son is an abused child and that respondent's daughter is a neglected child are supported by a preponderance of the evidence (see, Family Ct. Act § 1012[e], [f];  § 1046 [b] [i] ).   The unrebutted evidence establishes that respondent abused his son by striking him repeatedly with a “heavy” wooden paddle, leaving dark bruises and large welts on his son's legs, buttocks, back, ribs, and head and causing his son to become dizzy and nauseated.   Such conduct constitutes abuse (see, Family Ct. Act § 1012[e][i], [ii];  Matter of Gerald P., 275 A.D.2d 784, 785, 714 N.Y.S.2d 234;  Matter of Douglas QQ., 273 A.D.2d 711, 712–713, 709 N.Y.S.2d 710;  Matter of C. Children, 183 A.D.2d 767, 768, 583 N.Y.S.2d 499).   Moreover, the unrebutted evidence that respondent had previously administered similar beatings to both his son and daughter is sufficient to establish that his daughter is a neglected child (see, Family Ct. Act § 1012 [f][i][B];  Matter of Jenny N., 262 A.D.2d 951, 692 N.Y.S.2d 554;  Matter of R./W. Children, 240 A.D.2d 207, 658 N.Y.S.2d 597, lv. denied 90 N.Y.2d 807, 664 N.Y.S.2d 269, 686 N.E.2d 1364;  Matter of Kim HH., 239 A.D.2d 717, 719, 658 N.Y.S.2d 480;  Matter of Anthony C., 201 A.D.2d 342, 343, 607 N.Y.S.2d 324).

Order unanimously affirmed without costs.

MEMORANDUM: