8661. IN RE MIA B., AND ANOTHER, CHILDREN UNDER THE AGE OF EIGHTEEN YEARS, ETC., BRANDY R., res-ap, ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res — Law Office of Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), for ap Michael A. Cardozo, Corporation Counsel, New York (Susan B. Eisner of counsel), for res — KAREN FREEDMAN, LAWYERS FOR CHILDREN, INC., NEW YORK (SHIRIM NOTHENBERG OF COUNSEL), ATTORNEY FOR THE CHILDREN.—Order, Family Court, New York County (Susan K. Knipps, J.), entered on or about April 25, 2012, which, after a fact-finding determination that respondent mother had neglected one of her children by inflicting excessive corporal punishment and derivatively neglected the other child, placed the children with petitioner Administration for Children’s Services, and, inter alia, continued suspension of her visitation with the children, unanimously affirmed, without costs.
The findings of neglect were supported by a preponderance of the evidence (see Family Ct Act §1046[b] [i]; Matter of Tammie Z., 66 NY2d 1, 3 [1985]). The record shows that respondent neglected the older child by inflicting excessive corporal punishment upon her (see Family Ct Act §1012[f][i][B]; see also e.g. Matter of Joseph C. [Anthony C.], 88 AD3d 478, 479 [1st Dept 2011]), as evidenced by the hospital records and oral report transmittals documenting the 22-month old infant’s extensive bruising on the legs, buttocks, elbow, and lumbar area, all of which were in various stages of healing. Respondent’s sister testified that after observing the bruises, she confronted respondent, who stated, “[T]hese are my kids and I raise them the way I want. If they act up[,] I’m going to hit them.” Under this scenario, the court properly inferred that respondent had implicitly admitted to causing the injuries, and her failure to testify and otherwise explain the statement permitted the court to draw the strongest possible negative inference against her (see Matter of Eugene L. [Julianna H.], 83 AD3d 490 [1st Dept 2011]; Matter of Kazmir K., 63 AD3d 522, 523 [1st Dept 2009]). The Family Court was in the best position to observe and assess witness demeanor, and its credibility determinations are entitled to deference (see Matter of Jared S. (Monet S.), 78 AD3d 536 [1st Dept 2010], lv denied 16 NY3d 705 [2011]) and are supported by the record herein. Moreover, a derivative finding as to the younger child was appropriate, as respondent’s infliction of excessive corporal punishment on a 22-month old “demonstrated such an impaired level of parental judgment as to create a substantial risk of harm for any child in [her] care” (see Matter of Joshua R., 47 AD3d 465, 466 [1st Dept], lv denied 11 NY3d 703 [2008]).
