In re Padmine M., 84 A.D.3d 806 (N.Y. App. Div. 2011). · Go Syfert
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In re Padmine M., 84 A.D.3d 806 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
34 citation events (34 in the last 25 years) across 2 distinct courts.
Strongest positive: Matter of Balle S. (Tristian S.) (nyappdiv, 2021-05-07)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Balle S. (Tristian S.)
N.Y. App. Div. · 2021 · confidence medium
The evidence at the fact-finding hearing included the father's own admission to a caseworker that he had "whooped [the oldest child's] ass" and struck her repeatedly with a phone charger cord and a rubber tube to inflict harm on her after she ran away ( see Matter of Rashawn J. [Veronica H.-B.] , 159 AD3d 1436 , 1436-1437 [4th Dept 2018]; Matter of Padmine M. [Sandra M.] , 84 AD3d 806, 807 [2d Dept 2011]; cf. Damone H., Jr. , 156 AD3d at 1438).
discussed Cited as authority (rule) Matter of Justin M.F. (Randall L.F.)
N.Y. App. Div. · 2019 · confidence medium
At the hearing, petitioner presented, among other things, witness testimony and medical records indicating that the child sustained a bruised left temple, a bruised eye, and a bloody and swollen nose after the father struck him ( see Matter of Padmine M. [Sandra M.] , 84 AD3d 806, 807 [2d Dept 2011]; Matter of Nicole H. , 12 AD3d 182, 183 [1st Dept 2004]; see generally [*2]Matter of Castilloux v New York State Off. of Children & Family Servs. , 16 AD3d 1061, 1062 [4th Dept 2005], lv denied 5 NY3d 702 [2005]).
discussed Cited as authority (rule) In re Virginia T.F.
N.Y.C. Fam. Ct. · 2017 · confidence medium
(See Matter of Padmine M. [Sandra M.], 84 AD3d 806, 807 [2d Dept 2011] [holding that credible evidence did not support derivative neglect finding]; see also Matter of Andrew B.-L., 43 AD3d 1046, 1047 [2d Dept 2007] [finding derivative neglect as to target child’s siblings was unwarranted].) To that end, a neglect finding, without more, does not establish that siblings of a child found to be neglected have been derivatively neglected.
discussed Cited as authority (rule) Matter of Shaquan A. (Fan Fan A.)
N.Y. App. Div. · 2016 · confidence medium
Furthermore, while parents have the right to use reasonable physical force against a child in order to maintain discipline or to promote the child’s welfare, the use of excessive corporal punishment constitutes neglect (see Family Ct Act § 1012 [f] [i] [B]; Matter of Dalia G. [Frank B.], 128 AD3d 821, 823 [2015]; Matter of Matthew M. [Fatima M.], 109 AD3d 472 , 473 [2013]; Matter of Delehia J. [Tameka J.], 93 AD3d 668, 669 [2012]; Matter of Padmine M. [Sandra M.], 84 AD3d 806, 807 [2011]).
discussed Cited as authority (rule) Matter of David P. (Elisa P.)
N.Y. App. Div. · 2015 · confidence medium
“Although Family Court Act § 1046 (a) (i) allows evidence of abuse or neglect of one sibling to be considered in determining whether other children in the household were abused or neglected, the statute does not mandate a finding of derivative neglect” (Matter of Padmine M. [Sandra M.], 84 AD3d 806, 807 [2011] [citations omitted]).
discussed Cited as authority (rule) Matter of Dylan G. (Victor M.)
N.Y. App. Div. · 2014 · confidence medium
However, a parent’s use of excessive corporal punishment constitutes neglect (see Family Ct Act § 1012 [f] [i] [B]; Matter of Isaiah S., 63 AD3d at 949 ), and neglect may be established by even a single incident of excessive corporal punishment (see Matter of Nurridin B. [Louis J.], 116 AD3d at 770; Matter of Padmine M. [Sandra M.], 84 AD3d 806, 807 [2011]; Matter of Rachel H., 60 AD3d 1060 [2009]).
discussed Cited as authority (rule) In re Jallah J.
N.Y. App. Div. · 2014 · confidence medium
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 AD3d 806, 807 [2011]).
discussed Cited as authority (rule) In re Jallah J.
N.Y. App. Div. · 2014 · confidence medium
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 AD3d 806, 807 [2011]).
cited Cited as authority (rule) In re Nurridin B.
N.Y. App. Div. · 2014 · confidence medium
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]).
cited Cited as authority (rule) In re Nurridin B.
N.Y. App. Div. · 2014 · confidence medium
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]).
discussed Cited as authority (rule) In re Jahani K.
N.Y. App. Div. · 2013 · confidence medium
The Family Court’s finding that the mother neglected the child Jahani K., based on excessive corporal punishment, was supported by a preponderance of the evidence (see Family Ct Act § 1012 [f| [i] [B]; Matter of Joseph O’D. [Denise O’D.], 102 AD3d 874 , 875 [2013]; Matter of Yanni D. [Hope J.], 95 AD3d 1313 , 1314 [2012]; Matter of Amerriah S. [Kadiatou Y.], 100 AD3d 1006 , 1007 [2012]; Matter of Padmine M. [Sandra M.], 84 AD3d 806, 807 [2011]; Matter of Isaiah S., 63 AD3d 948 [2009]; Matter of Derek J., 56 AD3d 558 [2008]).
discussed Cited as authority (rule) In re Jahani K.
N.Y. App. Div. · 2013 · confidence medium
The Family Court’s finding that the mother neglected the child Jahani K., based on excessive corporal punishment, was supported by a preponderance of the evidence (see Family Ct Act § 1012 [f| [i] [B]; Matter of Joseph O’D. [Denise O’D.], 102 AD3d 874 , 875 [2013]; Matter of Yanni D. [Hope J.], 95 AD3d 1313 , 1314 [2012]; Matter of Amerriah S. [Kadiatou Y.], 100 AD3d 1006 , 1007 [2012]; Matter of Padmine M. [Sandra M.], 84 AD3d 806, 807 [2011]; Matter of Isaiah S., 63 AD3d 948 [2009]; Matter of Derek J., 56 AD3d 558 [2008]).
discussed Cited as authority (rule) In re Orange
N.Y. App. Div. · 2013 · confidence medium
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 [2009]).
discussed Cited as authority (rule) In re Orange
N.Y. App. Div. · 2013 · confidence medium
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 [2009]).
cited Cited as authority (rule) In re Yanni D.
N.Y. App. Div. · 2012 · confidence medium
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]).
cited Cited as authority (rule) In re Yanni D.
N.Y. App. Div. · 2012 · confidence medium
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]).
Retrieving the full opinion text from the archive…
In the Matter of Padmine M. Administration for Children's Services, Appellant Sandra M., Steven Banks, Nonparty (Proceeding No. 1.) In the Matter of Pretisha M. Administration for Children's Services, Appellant Sandra M., Steven Banks, Nonparty (Proceeding No. 2.)
Appellate Division of the Supreme Court of the State of New York.
May 3, 2011.
84 A.D.3d 806
Cited by 21 opinions  |  Published

In two related abuse and neglect proceedings pursuant to Family Court Act article 10, the Administration for Children’s Services and the Attorney for the Child for Padmine M. separately appeal from an order of the Family Court, Queens County (Tally, J.), dated August 12, 2010, which, after a fact-finding hearing, dismissed the petitions.

Ordered that the appeal by the Attorney for the Child for Padmine M. from so much of the order as dismissed the petition in proceeding No. 2 is dismissed, as he is not aggrieved by that portion of the order; and it is further,

Ordered that the order is modified, on the law, by deleting the[*807] provision thereof dismissing the petition in proceeding No. 1 insofar as asserted against the father and substituting therefor a provision finding that the father neglected the child Padmine M.; as so modified, the order is affirmed, without costs or disbursements, the petition in proceeding No. 1 insofar as asserted against the father is reinstated, and the matter is remitted to the Family Court, Queens County, for a dispositional hearing on the petition in proceeding No. 1 insofar as asserted against the father.

Parents possess a right to use reasonable physical force to discipline their children (see Matter of Isaiah S., 63 AD3d 948, 949 [2009]; see also Penal Law § 35.10 [1]). However, a parent’s use of excessive corporal punishment constitutes neglect (see Family Ct Act § 1012 [f] [i] [B]; Matter of Isaiah S., 63 AD3d at 949). A finding of neglect must be supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]; Matter of Tammie Z., 66 NY2d 1 [1985]; Matter of Isaiah S., 63 AD3d at 949; Matter of Derek J., 56 AD3d 558, 558-559 [2008]). A single incident of excessive corporal punishment may suffice to sustain a finding of neglect (see Matter of Aaliyah Q., 55 AD3d 969, 970 [2008]). Here, the evidence presented at the fact-finding hearing established that the father inflicted excessive corporal punishment on his 15-year-old daughter, Padmine, when he hit her several times with a pole, causing bruises to her arm and back. Accordingly, the Family Court should have found that he neglected her (see Matter of Steven L., 28 AD3d 1093 [2006]; Matter of Maria Raquel L., 36 AD3d 425 [2007]).

However, contrary to the petitioner’s contention, the evidence did not establish that the mother had neglected Padmine, either by inflicting excessive corporal punishment on her (see Matter of Corey Mc. [Tanya Mc.], 67 AD3d 1015, 1016 [2009]) or by failing to protect her (cf. Matter of Rayshawn R., 309 AD2d 681, 682 [2003]).

Although Family Court Act § 1046 (a) (i) allows evidence of abuse or neglect of one sibling to be considered in determining whether other children in the household were abused or neglected (see Matter of Shawndel M., 33 AD3d 1006, 1007 [2006]; Matter of Christina Maria C., 89 AD2d 855 [1982]), the statute does not mandate a finding of derivative neglect (see Matter of Rasheda S., 183 AD2d 770 [1992]). Under the circumstances of this case, the credible evidence does not support a finding of derivative neglect with respect to the child Pretisha (see Matter of Andrew B.-L., 43 AD3d 1046, 1047-1048 [2007]; Matter of New York City Dept. of Social Servs. v Alex R., 209 AD2d 702, 702-703 [1994]). Rivera, J.E, Dickerson, Hall and Cohen, JJ., concur.