In re Adonis P.

Appellate Division of the Supreme Court of New York

In re Adonis P.

33 A.D.3d 405, 822 N.Y.S.2d 510

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 12, 2006

StatusPublished

Cited by1 cases

This text of 33 A.D.3d 405 (In re Adonis P.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re Adonis P., 33 A.D.3d 405, 822 N.Y.S.2d 510 (N.Y. Ct. App. 2006).

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Opinion

Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or about October 25, 2004, in proceedings pursuant to Family Court Act, article 10, which, to the extent appealed from, is premised upon a fact-finding determination of neglect, unanimously affirmed, without costs.

The finding of neglect as to the subject child is supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]) showing that respondent-appellant inflicted excessive corporal punishment (Family Ct Act § 1012 [f] [i] [B]; Matter of Alena O., 220 AD2d 358, 360 [1995]). Evaluation of the testimony given by appellant’s expert was for the factfinder, and there is no basis on this record to disturb its determination. The out-of-court statements by the child were sufficiently corroborated (see [406]*406Matter of Nicole V., 71 NY2d 112, 118-119 [1987]; Matter of Nicole H., 12 AD3d 182 [2004]). Concur—Buckley, EJ., Mazzarelli, Williams, Gonzalez and Sweeny, JJ.

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Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or about October 25, 2004, in proceedings pursuant to Family Court Act, article 10, which, to the extent appealed from, is premised upon a fact-finding determination of neglect, unanimously affirmed, without costs.

The finding of neglect as to the subject child is supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]) showing that respondent-appellant inflicted excessive corporal punishment (Family Ct Act § 1012 [f] [i] [B]; Matter of Alena O., 220 AD2d 358, 360 [1995]). Evaluation of the testimony given by appellant’s expert was for the factfinder, and there is no basis on this record to disturb its determination. The out-of-court statements by the child were sufficiently corroborated (see [406]*406Matter of Nicole V., 71 NY2d 112, 118-119 [1987]; Matter of Nicole H., 12 AD3d 182 [2004]). Concur—Buckley, EJ., Mazzarelli, Williams, Gonzalez and Sweeny, JJ.

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Bluebook (online)

33 A.D.3d 405, 822 N.Y.S.2d 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adonis-p-nyappdiv-2006.

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