IN RE: Aniya C.

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IN RE: Aniya C., A Dependent Child under Eighteen Years of Age, etc ., Michelle C., Respondent–Appellant. v. Administration for Children's Services, Petitioner–Respondent.

Decided: October 09, 2012

TOM, J.P., MAZZARELLI, CATTERSON, RENWICK, DeGRASSE, JJ. Steven N. Feinman, White Plains, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Dona B. Morris of counsel), for respondent. Tamara A. Steckler, The Legal Aid Society, New York (Judith Stern of counsel), attorney for the child.

Order, Family Court, New York County (Rhoda J. Cohen, J.) entered on or about April 4, 2011, which, after a fact-finding hearing, found that appellant had neglected the subject child by using excessive corporal punishment, unanimously affirmed, without costs.

The finding of neglect is supported by a preponderance of the evidence (Family Ct Act § 1046[b][i] ) showing that appellant inflicted excessive corporal punishment (Family Ct Act § 1012[f][i][B] ), by beating her daughter with a belt that left bruises and marks on her neck, arms and legs (see Matter of Alysha M., 24 A.D.3d 255, 807 N.Y.S.2d 21 [1st Dept 2005], lv denied 6 N.Y.3d 709 [2006] ). Contrary to appellant's contention, petitioner was not required to demonstrate that the child suffered a “significant injury” (see Matter of Jonathan F., 294 A.D.2d 121, 744 N.Y.S.2d 362 [1st Dept 2002] ).

The out-of-court testimony of the child to the ACS caseworker was corroborated by the caseworker's observation of the child's injuries, the photographs depicting the child's injuries, and the child's medical records related to the subject incident, which contained signed diagrams chronicling the location and/or size of the marks and bruises that were visible on the child's body approximately three days after the incident (see Matter of Jazmyn R. [Luceita F.], 67 A.D.3d 495, 889 N.Y.S.2d 30 [1st Dept 2009]; Matter of Fred Darryl B., 41 A.D.3d 276, 836 N.Y.S.2d 878 [1st Dept 2007]; Matter of Maria Raquel L ., 36 A.D.3d 425, 826 N.Y.S.2d 252 [1st Dept 2007] ).

No basis exists to disturb the court's credibility determinations (see generally Matter of Irene O., 38 N.Y.2d 776, 777–778 [1975] ).