IN RE: ASIA B. (Anonymous).

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

IN RE: ASIA B. (Anonymous). Gregory H. (Anonymous), appellant; Commissioner of Social Services, et al., respondents.

Decided: November 29, 1999

SONDRA MILLER, J.P., MYRIAM J. ALTMAN, ROBERT W. SCHMIDT and NANCY E. SMITH, JJ. Mark Diamond, New York, N.Y., for appellant. Michael D. Hess, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Alan Beckoff of counsel), for respondents. Monica Drinane, New York, N.Y. (Marcia Egger of counsel), Law Guardian for the child.

In a child protective proceeding pursuant to Family Court Act article 10, the father appeals from an order of fact-finding and disposition (one paper) of the Family Court, Kings County (Turbow, J.), dated July 22, 1998, which, after a fact-finding hearing, found that he had abused and neglected his child, Asia B., and released Asia B. to the mother.

ORDERED that the order is affirmed, without costs or disbursements.

 Contrary to the appellant's contention, the determination that his daughter is an abused and neglected child is supported by a preponderance of the evidence (see, Family Ct. Act § 1046[B][i];  Matter of Tammie Z., 66 N.Y.2d 1, 494 N.Y.S.2d 686, 484 N.E.2d 1038).   The evidence established that the child sustained a laceration to her head requiring stitches as a result of excessive corporal punishment by the appellant (see, Family Ct. Act § 1012[f] [i][B];  Matter of Tonya C., 220 A.D.2d 498, 632 N.Y.S.2d 180;  Matter of Danielle YY., 188 A.D.2d 894, 591 N.Y.S.2d 636).   Further, the appellant disciplined Asia B. by repeatedly hitting her on the head to “let her know I'm her father”, created a “substantial risk of physical injury * * * by other than accidental means which would be likely to cause * * * serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ” (Family Ct. Act § 1012[e][ii];  see, Matter of Nassau County Dept. of Social Servs., 191 A.D.2d 634, 595 N.Y.S.2d 234;  Matter of C. Children, 183 A.D.2d 767, 583 N.Y.S.2d 499).

The father's remaining contention is without merit.


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