MATTER OF DEIVI R.

1724, 1724A, 1724B

68 A.D.3d 498 (2009)

2009 NY Slip Op 9151

890 N.Y.S.2d 52

In the Matter of DEIVI R. and Others, Children Alleged to be Neglected. MARCOS R., Appellant. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 10, 2009.


A preponderance of the evidence supports the finding that respondent neglected Helvis by inflicting excessive corporal punishment upon him (see Family Ct Act § 1012 [f] [i] [B]). The record shows that Helvis told the caseworker that he was afraid of respondent since respondent regularly hit him, including in the back with a belt which produced a red mark that lasted for a week, and punched him in the face (see Matter of Maria Raquel L.,

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