Appellate Division of the Supreme Court of New York, 2011

In re Alexander M.

Appellate Division of the Supreme Court of New York · Decided October 11, 2011

88 A.D.3d 794; 930 N.Y.2d 893

Cases that cite this one

20 later published cases cite this decision.

Matter of Kevin D. (Quran S. S.) (Appellate Division of the Supreme Court of New York 2019)
Matter of Ashley G. (Eggar T.) (Appellate Division of the Supreme Court of New York 2018)
Matter of Paul M. (Tina H.) (Appellate Division of the Supreme Court of New York 2017)
Matter of Douglas L. (Cheyanne J.) (Appellate Division of the Supreme Court of New York 2017)
Matter of Cody W. (Ronald L.) (Appellate Division of the Supreme Court of New York 2017)
Matter of Luis N.P. (Alquiber R.) (Appellate Division of the Supreme Court of New York 2015)
Matter of Michael B. (Samantha B.) (Appellate Division of the Supreme Court of New York 2015)
Matter of Anoushka G. (Cyntra M.) (Appellate Division of the Supreme Court of New York 2015)
Matter of Kurt K. (Karen K.) (Appellate Division of the Supreme Court of New York 2015)
In re Hayden C. (Appellate Division of the Supreme Court of New York 2015)
In re Hayden C. (Appellate Division of the Supreme Court of New York 2015)
In re Naomi P. (NYC Family Court 2015)
In re Amber C. (Appellate Division of the Supreme Court of New York 2013)
In re Amber C. (Appellate Division of the Supreme Court of New York 2013)
In re Emani W. (Appellate Division of the Supreme Court of New York 2013)
In re Emani W. (Appellate Division of the Supreme Court of New York 2013)
In re Joseph A. (Appellate Division of the Supreme Court of New York 2012)
In re Alaysha E. (Appellate Division of the Supreme Court of New York 2012)
In re Josue M. (Appellate Division of the Supreme Court of New York 2012)
In re Josue M. (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

In a child protective proceeding, the petitioner has the burden of proving neglect by a preponderance of the evidence (see Fam*795ily Ct Act § 1046 [b] [i]; Matter of Philip M., 82 NY2d 238 [1993]; Matter of Tammie Z., 66 NY2d 1 [1985]; Matter of Besthani M., 13 AD3d 452 [2004]). Here, contrary to the appellant’s contention, the Family Court’s finding of neglect based on the use of excessive corporal punishment is supported by a preponderance of the evidence (see Family Ct Act § 1012 [f] [i] [B]; § 1046 [b] [i]; Matter of Chanyae S. [Rena W.], 82 AD3d 1247 [2011]; Matter of Isaiah S., 63 AD3d 948 [2009]; Matter of Joshua B., 28 AD3d 759 [2006]; Matter of Joseph O., 28 AD3d 562 [2006]).

“[P]revious statements made by the child relating to any allegations of abuse or neglect shall be admissible in evidence, but if uncorroborated, such statements shall not be sufficient to make a fact-finding of abuse or neglect. Any other evidence tending to support the reliability of the previous statements . . . shall be sufficient corroboration” (Family Ct Act § 1046 [a] [vi]). The Family Court has considerable discretion to decide whether a child’s out-of-court statements describing incidents of abuse have, in fact, been reliably corroborated and whether the record as a whole supports such a finding (see Matter of Christina F., 74 NY2d 532, 536 [1989]; Matter of Besthani M., 13 AD3d at 453).

Here, the subject children’s out-of-court statements were sufficiently corroborated (see Matter of Joshua B., 28 AD3d at 760-761; Matter of Besthani M., 13 AD3d at 453). Viewing the record as a whole, and according great deference to the Family Court’s credibility determinations (see Matter of Joseph O., 28 AD3d at 563), we discern no basis to disturb the Family Court’s finding of neglect (see Matter of Joshua B., 28 AD3d at 761). Angiolillo, J.P, Dickerson, Chambers and Lott, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.