In re Poli K.
Opinion of the Court
Order, Family Court, New York County (Sara E Schecter, J.), entered on or about February 1, 2005, which, insofar as appealed from, found that respondent neglected the child Poli by inflicting excessive corporeal punishment and made derivative findings of neglect with respect to the children Habib and Subeka, unanimously affirmed, without costs.
The finding of excessive corporeal punishment is supported by a preponderance of the evidence, namely, Poli’s hearsay statements to petitioner’s caseworker that respondent repeatedly hit her with a sneaker and toilet plunger handle over a period of 20 minutes; the caseworker’s visual observation of reddish bruises on Fob’s shoulder, arm, elbow, knees and ankle; and a hospital record that reports “multiple bruises on extremities,” a history of the incident consistent with Poli’s statements to the caseworker, and Poli’s statement that respondent had hit her with a sandal two months earlier (see Matter of Christopher R, 30 AD3d 307 [2006]). Although an alternative explanation for the bruises also has support in the record, namely, the casework
Case-law data current through December 31, 2025. Source: CourtListener bulk data.