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MATTER OF EMPRESS B.

Docket No. NN-3774-76/21. Appeal No. 15798-15798A. Case No. 2021-03426.

204 A.D.3d 562 (2022)

165 N.Y.S.3d 298

2022 NY Slip Op 02753

In the Matter of Empress B. and Others, Children Alleged to be Neglected. Henrietta L., Appellant; Administration for Children's Services, Respondent.

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

Decided April 26, 2022.

Attorney(s) appearing for the Case

Steven N. Feinman, White Plains, for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Kevin Osowski of counsel), for respondent.

Dawne A. Mitchell, The Legal Aid Society, New York (Polixene Petrakopoulos of counsel), attorney for the children.

Concur—Renwick, J.P., Kapnick, Gesmer, Moulton, Shulman, JJ.

A preponderance of the evidence supports the finding that respondent neglected the eldest child by inflicting excessive corporal punishment upon her (see Family Ct Act §§ 1012[f][i][B]; 1046[b][i]). The child's out-of-court statement that respondent physically fought with her was corroborated by the youngest child's out-of-court statements, which were submitted through a caseworker's testimony, as well as respondent's own out-of-court statements and testimony...

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