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IN THE MATTER OF DEREK J. v. DINA J.

56 A.D.3d 558 (2008)

867 N.Y.S.2d 507

In the Matter of DEREK J., a Child Alleged to be Neglected. Administration for Children's Services, Respondent; DINA J., Appellant. (Proceeding No. 1.) In the Matter of DEVON M., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; DINA J., Appellant. (Proceeding No. 2.) In the Matter of DEVONIQAUA M., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; DINA J., Appellant. (Proceeding No. 3.) In the Matter of DEVONIQUE M., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; DINA J., Appellant. (Proceeding No. 4.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 12, 2008.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the mother's contention, the Family Court's finding of neglect as to the children Devon M. and Devonique M. based on her use of excessive corporal punishment is supported by a preponderance of the evidence (see Family Ct Act § 1012 [f] [i] [B]; § 1046 [b] [i]). The out-of-court statements of those children that their mother beat them with a wire...

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