IN RE: Ryel B. J. (Anonymous). (2026)

Submitted—June 11, 2026

DECISION & ORDER

Twyla Carter, New York, N.Y. (Dawne A. Mitchell and Daniel Abdul–Malak of counsel), attorney for the child Kamya J.

In related proceedings pursuant to Family Court Act article 10, the father appeals from an order of fact-finding and disposition of the Family Court, Queens County (Joan L. Piccirillo, J.), dated January 14, 2025.  The order of fact-finding and disposition, insofar as appealed from, after fact-finding and dispositional hearings, found that the father neglected the child Kamya J. and derivatively neglected the children Ryel B. J., Aria J., and Alani F., and, in effect, directed that the father's parental access with the children Ryel B. J., Aria J., and Alani F. be supervised by the Administration for Children's Services for a period of six months.

ORDERED that the appeal from so much of the order of fact-finding and disposition as, in effect, directed that the father's parental access with the children Ryel B. J., Aria J., and Alani F. be supervised by the Administration for Children's Services for a period of six months is dismissed as academic, without costs or disbursements;  and it is further,

ORDERED that the order of fact-finding and disposition is affirmed insofar as reviewed, without costs or disbursements.

In March 2022, the Administration for Children's Services (hereinafter ACS) commenced this proceeding pursuant to Family Court Act article 10, alleging, inter alia, that the father neglected the child Kamya J. in that the father inflicted excessive corporal punishment on her.  In July 2023, ACS filed petitions alleging, among other things, that the father derivatively neglected the children Ryel B. J., Aria J., and Alani F. by inflicting excessive corporal punishment on Kamya J. in their presence.  In an order of fact-finding and disposition dated January 14, 2025, after fact-finding and dispositional hearings, the Family Court, inter alia, found that the father neglected Kamya J. and derivatively neglected Ryel B. J., Aria J., and Alani F., and, in effect, directed that the father's parental access with Ryel B. J., Aria J., and Alani F. be supervised by ACS for a period of six months.  The father appeals.

The appeal from so much of the order of fact-finding and disposition as, in effect, directed that the father's parental access with Ryel B. J., Aria J., and Alani F. be supervised by ACS for a period of six months must be dismissed as academic, as that portion of the order has expired by its own terms (see Matter of Harmony Q. [Jasmine D.Q.], 246 AD3d 925, 926;  Matter of Alexander S. [Gabriel H.], 224 AD3d 907, 908).

In a child protective proceeding pursuant to Family Court Act article 10, the petitioner has the burden of proving neglect by a preponderance of the evidence (see id. § 1046[b][i];  Matter of Elisa V. [Hung V.], 159 AD3d 827, 828).  “Great deference is given to the Family Court's credibility determinations, as it is in the best position to assess the credibility of the witnesses having had the opportunity to view the witnesses, hear the testimony, and observe their demeanor” (Matter of Mia M.M.-S. [Desiree M.D.], _ AD3d _, _, 2026 N.Y. Slip Op 03443, *1 [internal quotation marks omitted] ).  “Although parents have a right to use reasonable physical force against a child in order to maintain discipline or to promote the child's welfare, the use of excessive corporal punishment constitutes neglect” (Matter of Mia M.M.-S. [Desiree M.D.], _ AD3d at _, 2026 N.Y. Slip Op 03443, *1 [internal quotation marks omitted];  see Matter of Cheryale B. [Michelle B.], 121 AD3d 976, 977).

Here, the determination of the Family Court that ACS established by a preponderance of the evidence that the father neglected Kamya J. by inflicting excessive corporal punishment on her is supported by the record (see Matter of Nathaniel I.G. [Marilyn A.P.], 227 AD3d 806, 807;  Matter of Eliora B. [Kennedy B.], 146 AD3d 772, 774).

The Family Court's determination that the father derivatively neglected Ryel B. J., Aria J., and Alani F. also was supported by a preponderance of the evidence (see Matter of Shayla G. [Lakisha C.], 233 AD3d 682, 685;  Matter of Alivia F. [John F.], 194 AD3d 709, 712).  The father's excessive corporal punishment of Kamya J., which occurred in the presence of Ryel B. J., Aria J., and Alani F., demonstrated a flawed notion of parental responsibility and was a generally reliable indicator that the father would place his other children at substantial risk of harm (see Matter of Gael B.P. [Angel B.M.], 248 AD3d 920, 923;  Matter of Alexander S. [Gabriel H.], 224 AD3d at 911).

The father's remaining contentions are without merit.

DUFFY, J.P., TAYLOR, VENTURA and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court