IN RE TYSON T., AND OTHERS, CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., LATOYER T., res-ap, TYSON T., res-ap, COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES, pet-res

2521-2522. IN RE TYSON T., AND OTHERS, CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., LATOYER T., res-ap, TYSON T., res-ap, COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res — Law Office Of Cabelly & Calderon, Jamaica (Lewis S. Calderon of counsel), for Latoyer T., res-res — Steven N. Feinman, White Plains, for Tyson T., res-res — Zachary W. Carter, Corporation Counsel, New York (Julie Steiner of counsel), for res — TAMARA A. STECKLER, THE LEGAL AID SOCIETY, NEW YORK (JOHN A. NEWBERY OF COUNSEL), ATTORNEY FOR THE CHILDREN.—Order of disposition, Family Court, New York County (Clark V. Richardson. J.), entered on or about October 6, 2015, to the extent it brings up for review a factfinding order, same court and Judge, entered on or about June 2, 2015, which found that respondent mother and respondent father neglected the subject children Tyson T. and Shaun T., and derivatively neglected the child Karen T., unanimously modified, on the law and the facts, to vacate the findings of neglect as to Tyson T. and enter a finding that respondent father and respondent mother derivatively neglected Tyson T., and otherwise affirmed, without costs.

A preponderance of the evidence supports the Family Court’s finding that on December 6, 2012, the father neglected Shaun by inflicting excessive corporal punishment upon him by striking him with a plastic bat and belt, which caused the child’s elbow to be scratched, bruised and swollen. Shaun’s out-of-court statements were sufficiently corroborated by the caseworker’s testimony as to her observations of his injuries and the photographs depicting them (see Matter of Naomi J. [Damon R.], 84 AD3d 594 [1st Dept 2011]; Matter of Jazmyn R. [Luceita F.], 67 AD3d 495 [1st Dept 2009]).