IN RE: DEVANTE S. (2008)

Order of disposition, Family Court, Bronx County (Douglas E. Hoffman, J.), entered on or about January 8, 2007, which, upon a fact-finding determination that respondent father had neglected his children, released the children to their mother's custody under petitioner's supervision for a period of 12 months, unanimously affirmed, without costs.

 The finding of neglect is supported by a preponderance of the evidence (see Family Court Act § 1046[b][I] ) showing that respondent inflicted excessive corporal punishment on his children (see Family Court Act § 1012[f] [i][B] ).  The children's out-of-court statements were cross-corroborating (see Matter of Nicole V., 71 N.Y.2d 112, 124, 524 N.Y.S.2d 19, 518 N.E.2d 914 [1987] ).   Further, the court credited the caseworker's testimony concerning respondent's angry behavior during and after a home visit and the children's apparent fearfulness in his presence.   The court also appropriately considered a past adjudication of neglect against respondent that was based upon a finding of excessive corporal punishment involving the use of a belt against a toddler, as well as his current failure to follow agency recommendations (see generally Matter of Evelyn B., 30 A.D.3d 913, 915-917, 819 N.Y.S.2d 573 [2006], lv. denied 7 N.Y.3d 713, 824 N.Y.S.2d 605, 857 N.E.2d 1136 [2006] ), and his failure to testify, from which the court was entitled to draw the “strongest negative inference” (Matter of Nicole H., 12 A.D.3d 182, 183, 783 N.Y.S.2d 575 [2004] ).