IN RE NAITALYA B., AND ANOTHER, CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., MELISSA B. res-ap, ADMINISTRATION FOR CHILDREN'S SERVICES, pet-res

3934. IN RE NAITALYA B., AND ANOTHER, CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., MELISSA B. res-ap, ADMINISTRATION FOR CHILDREN'S SERVICES, pet-res — Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Jonathan A. Popolow of counsel), for res — TAMARA A. STECKLER, THE LEGAL AID SOCIETY, NEW YORK (DIANE PAZAR OF COUNSEL), ATTORNEY FOR THE CHILDREN.—Order of fact-finding, Family Court, New York County (Clark V. Richardson, J.), entered on or about June 26, 2015, which found that respondent mother neglected her daughter and derivatively neglected her son, unanimously affirmed, without costs.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

3934. IN RE NAITALYA B., AND ANOTHER, CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., MELISSA B. res-ap, ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res — Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Jonathan A. Popolow of counsel), for res — TAMARA A. STECKLER, THE LEGAL AID SOCIETY, NEW YORK (DIANE PAZAR OF COUNSEL), ATTORNEY FOR THE CHILDREN.—Order of fact-finding, Family Court, New York County (Clark V. Richardson, J.), entered on or about June 26, 2015, which found that respondent mother neglected her daughter and derivatively neglected her son, unanimously affirmed, without costs.

The Family Court’s findings that the mother neglected her daughter and derivatively neglected her son were supported by a preponderance of the evidence. The record showed that the mother inflicted excessive corporal punishment on her daughter by striking her with her hand and with a plastic softball bat, causing the child to sustain bruises all over her body. The child’s out-of-court statements were sufficiently corroborated by the agency caseworker and hospital staff’s observations of the bruises on the child, photographs depicting the injuries, and medical records (see Matter of Tyson T. [Latoyer T.], 146 AD3d 669 [1st Dept 2017]; Matter of Harrhae Y. [Shy-Macca Ernestine B.], 112 AD3d 512 [1st Dept 2013]). In addition, while the child’s repetition of the same allegations that her mother hit her did not provide corroboration for the out-of-court statements, the consistency of her reported statements enhanced her credibility (see Matter of David R. [Carmen R.], 123 AD3d 483, 484 [1st Dept 2014]). Furthermore, the mother’s behavior of punishing the child by forcing her to remain in a bathroom for two days and unevenly shaving parts of her head clearly threatened the child’s emotional well-being (see e.g. Matter of Patrice S., 63 AD3d 620 [1st Dept 2009]).

IN RE NAITALYA B., AND ANOTHER, CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., MELISSA B. res-ap, ADMINISTRATION FOR CHILDREN'S SERVICES, pet-res

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal