In re Nurridin B.
Opinion of the Court
Ordered that the orders of disposition are affirmed, without costs or disbursements.
After a fact-finding hearing under Family Court Act article 10, any determination that a child is abused or neglected must be based on a preponderance of the evidence (see Family Ct Act § 1046 [b]; Matter of Nicole V., 71 NY2d 112, 117 [1987]; Matter of Dareth O., 304 AD2d 667, 668 [2003]). Neglect may be established by even a single incident of excessive corporal punishment (see Matter of Padmine M. [Sandra M.], 84 AD3d 806, 807 [2011]; Matter of Rachel H., 60 AD3d 1060 [2009]). The Family Court’s assessment of the credibility of witnesses is entitled to considerable deference (see Matter of Irene O., 38 NY2d 776 [1975]; Matter of Sadiq H. [Karl H.], 81 AD3d 647 [2011]).
Here, contrary to the appellant’s contention, the Family Court’s finding of neglect of the child Shervon M., based on excessive corporal punishment, was supported by a preponderance of the evidence (see Family Ct Act § 1012 [f| [i] [B]; Matter of James S. [Kathleen S.], 88 AD3d 1006 [2011]; Matter of Padmine M. [Sandra M.], 84 AD3d 806 [2011]; Matter of Sadiq H. [Karl H.], 81 AD3d 647 [2011]; Matter of Isaiah S., 63 AD3d 948 [2009]; Matter of Derek J., 56 AD3d 558 [2008]). The Family Court’s finding that the appellant engaged in excessive corporal punishment when he struck the child Shervon M. several times with a belt, causing raised red marks on her arm and legs, is supported by the evidence presented at the fact-finding hearing. Shervon’s out-of-court statements that the appellant struck her with a belt were sufficiently corroborated by the caseworker’s observations of Shervon’s injuries and the appellant’s admission to the caseworker that he had struck Shervon with a belt in the past {see Family Ct Act § 1046 [a] [vi]; Matter of Isaiah S., 63
The evidence also supported the derivative finding of neglect as to the children Nurridin B. and Elijah J. (see Family Ct Act § 1046 [a] [i]; see also Matter of James S. [Kathleen S.], 88 AD3d 1006 [2011]; Matter of Devontay M., 56 AD3d 561 [2008]; Matter of Nicholas L., 50 AD3d 1141 [2008]). Dillon, J.E, Hall, Austin and Duffy, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.