In re Yanni D., 95 A.D.3d 1313 (N.Y. App. Div. 2d Dep't 2012). · Go Syfert
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In re Yanni D., 95 A.D.3d 1313 (N.Y. App. Div. 2d Dep't 2012). Cases Citing This Book View Copy Cite
49 citation events (49 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Michelle H. (Filandra C.), 129 A.D.3d 727 (N.Y. App. Div. 2d Dep't 2015)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
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At page 1313 Establishing neglect through single incident of excessive punishment6 citing casesIn two related child protective proceedings pursuant to Family Court Act article 10, the mother appeals from an order of fact-finding of the Family Court,…opening of page *1313 (no citing court says what it cites this page for) · 3 listed here
  • In re Jallah J., 118 A.D.3d 1000 (N.Y. App. Div. 2d Dep't 2014).published 4 cites
    Neglect may be established by even a single incident of excessive corporal punishment (see Matter of Joseph O’D. [Denise O’D.], 102 AD3d 874 , 875 [2013]; Matter of Yanni D. [Hope J.], 95 AD3d at 1313; Matter of Padmine M. [Sandra M.], 84…
  • In re Jacob P., 107 A.D.3d 719 (N.Y. App. Div. 2d Dep't 2013).published 2 cites
    A caseworker and police officer testified at the fact-finding hearing that the mother admitted to them that she struck Jacob P.’s sibling, the child Keith W., several times with a belt, and as to their personal observations of Keith W.’s i…
  • In re Orange, 102 A.D.3d 874 (N.Y. App. Div. 2d Dep't 2013).published 6 cites
    Neglect may be established by even a single incident of excessive corporal punishment (see Matter of Yanni D. [Hope J.], 95 AD3d at 1313; Matter of Padmine M. [Sandra M.], 84 AD3d 806, 807 [2011]; Matter of Rachel H., 60 AD3d 1060, 1061 [2…
At page 1314 Finding of neglect based on excessive corporal punishment4 citing casesHere, contrary to the mother’s contention, the Family Court’s finding of neglect of the child Rudolph A.H. based on excessive corporal punishment was supported…opening of page *1314 (no citing court says what it cites this page for) · 3 listed here
  • Matter of Michelle H. (Filandra C.), 129 A.D.3d 727 (N.Y. App. Div. 2d Dep't 2015).published
    (Octavia P.), 127 AD3d 1084, 1086 [2015]; see Family Ct Act § 1046 [a] [1]; Matter of Yanni D. [Hope J.], 95 AD3d 1313, 1314 [2012]; Matter of James S. [Kathleen S.], 88 AD3d 1006, 1006-1007 [2011]; Matter of Jordan W., 59 AD3d 558 [2009]).
  • Matter of Dalia G. (Frank B.), 128 A.D.3d 821 (N.Y. App. Div. 2d Dep't 2015).published
    Here, the petitioner established by a preponderance of the evidence that the father inflicted excessive corporal punishment on Darius and Ineisha, when he choked Darius and slammed him to the floor and choked Ineisha (see Matter of Jallah…
  • In re Orange, 102 A.D.3d 874 (N.Y. App. Div. 2d Dep't 2013).published 6 cites
    Neglect may be established by even a single incident of excessive corporal punishment (see Matter of Yanni D. [Hope J.], 95 AD3d at 1313; Matter of Padmine M. [Sandra M.], 84 AD3d 806, 807 [2011]; Matter of Rachel H., 60 AD3d 1060, 1061 [2…
Retrieving the full opinion text from the archive…
In the Matter of Yanni D. Administration for Children's Services, Hope J., (Froceeding No. 1.) In the Matter of Rudolph A.H. Administration for Children's Services, Respondent Hope J., (Froceeding No. 2.)
Appellate Division of the Supreme Court of the State of New York.
May 30, 2012.
Published opinion
95 A.D.3d 1313
Published

In two related child protective proceedings pursuant to Family Court Act article 10, the mother appeals from an order of fact-finding of the Family Court, Queens County (Tally, J.), dated August 17, 2011, which, after a hearing, found that she had neglected the child Rudolph A.H. and derivatively neglected the child Yanni D.

Ordered that the order of fact-finding is 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]).

[*1314] Here, contrary to the mother’s contention, the Family Court’s finding of neglect of the child Rudolph A.H. 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 mother engaged in excessive corporal punishment when she initiated an altercation in which she slapped and scratched Rudolph A.H. is supported by the evidence presented at the fact-finding hearing, including testimony of a caseworker and a police officer, and a nurse’s report describing the child’s injuries.

The evidence also supported the derivative finding of neglect as to the child Yanni D. (see Matter of James S. [Kathleen S.], 88 AD3d 1006 [2011]; Matter of Isaiah S., 63 AD3d at 949; Matter of Jordan W., 59 AD3d 558 [2009]; Matter of Devontay M., 56 AD3d 561, 562 [2008]). Dillon, J.P., Leventhal, Hall and Austin, JJ., concur.