In re Joseph C.
Cases that cite this one
15 later published cases cite this decision.
- Matter of Balle S. (Tristian S.) (Appellate Division of the Supreme Court of New York 2021)
- Matter of A.M.A. (Anggeluz A.) (Appellate Division of the Supreme Court of New York 2020)
- Matter of Joseph R. (Jasmine M.G.) (Appellate Division of the Supreme Court of New York 2016)
- Matter of Adam Christopher S. (Deborah D.) (Appellate Division of the Supreme Court of New York 2014)
- Matter of Krystopher D'A. (Amakoe D'A.) (Appellate Division of the Supreme Court of New York 2014)
- In re Sylvia G. (Appellate Division of the Supreme Court of New York 2014)
- In re Sylvia G. (Appellate Division of the Supreme Court of New York 2014)
- In re Pria J.L. (Appellate Division of the Supreme Court of New York 2013)
- In re Benjamin D. (Appellate Division of the Supreme Court of New York 2013)
- In re Benjamin D. (Appellate Division of the Supreme Court of New York 2013)
- In re Jacob H. (Appellate Division of the Supreme Court of New York 2012)
- In re Mia B. (Appellate Division of the Supreme Court of New York 2012)
- In re Mia B. (Appellate Division of the Supreme Court of New York 2012)
- In re Dayanara V. (Appellate Division of the Supreme Court of New York 2012)
- In re Dayanara V. (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Here, a preponderance of the evidence credited by the court supports its finding that respondent neglected his stepson by inflicting excessive corporal punishment on him (see Family Ct Act § 1012 [fj [i] [B]; Matter of Syed I., 61 AD3d 580 [2009]). Respondent admitted that he punished his stepson by requiring him to hold himself in a “push-up” position and kneel on uncooked grains of rice for extended periods of time. We agree with the court’s finding that these actions are not “appropriate forms of discipline.” Furthermore, to the extent respondent asserts that his actions did not cause his stepson any physical, emotional, or mental injury, we note that the absence of actual injury does not preclude a finding of neglect (see Matter of Tammie Z., 105 AD2d 463, 464 [1984], affd 66 NY2d 1 [1985]).
The derivative finding of neglect of respondent’s biological son was proper as respondent’s inappropriate and excessive corporal punishment of his 11-year-old stepson clearly demonstrated a sufficiently faulty understanding of his parental duties to warrant an inference of an ongoing danger to the approximately two-year-old child as this Court did in Matter of Syed I. (61 AD3d 580 [2009], supra).
However, unlike Syed /., where we noted that the mother was aware of the father’s deteriorating mental health and that she could not protect the children when he hit them, respondent here has admitted that this was “not his finest parenting moment,” demonstrating an appreciation of Family Court’s conclusion that the punishments were grossly disproportionate to the offenses committed by his stepson. Furthermore, we take judicial notice of the fact that respondent’s biological son has been returned to his care following respondent’s satisfactory
We have considered respondent’s remaining contentions and find them unavailing. Concur — Saxe, J.E, Friedman, Acosta, DeGrasse and Abdus-Salaam, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.