IN RE: DANIEL L. (2003)

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

IN RE: DANIEL L., A Child Under the Age of Eighteen Years, etc., Antoinette G., Respondent-Appellant, Administration For Children's Services, Petitioner-Respondent.

Decided: February 27, 2003

TOM, J.P., ANDRIAS, BUCKLEY, WILLIAMS and FRIEDMAN, JJ.

Thomas Caruso, for Daniel L. Nancy Botwinik, for Respondent-Appellant. Deborah Weiss, for Petitioner-Respondent.

Order, Family Court, Bronx County (Clark Richardson, J., upon fact-finding determination of Marjorie Fields, J.), entered on or about August 4, 2000, adjudging the subject child neglected by respondent upon findings of excessive corporal punishment and verbal abuse, unanimously affirmed, without costs.

The findings that respondent inflicted excessive corporal punishment and verbally abused the child is adequately supported by the child's out-of-court statements that respondent repeatedly hit him with various objects and disparaged him with epithets, as testified to by petitioner's caseworker and corroborated by the caseworker's observation of a bruise on the child's face (see Matter of R./W. Children, 240 A.D.2d 207, 658 N.Y.S.2d 597). No basis exists to disturb Family Court's findings of credibility (see Matter of Samantha S., 296 A.D.2d 327, 744 N.Y.S.2d 670).

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