In re Devante S.

Appellate Division of the Supreme Court of New York

In re Devante S.

51 A.D.3d 482, 857 N.Y.S.2d 141

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

DecidedMay 8, 2008

StatusPublished

Cited by7 cases

This text of 51 A.D.3d 482 (In re Devante S.) 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.

Bluebook

In re Devante S., 51 A.D.3d 482, 857 N.Y.S.2d 141 (N.Y. Ct. App. 2008).

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Opinion

Order of disposition, Family Court, Bronx County (Douglas E. Hoffman, J.), entered on or about January 8, 2007, which, upon a fact-finding determination that respondent father had neglected his children, released the children to their mother’s custody under petitioner’s supervision for a period of 12 months, unanimously affirmed, without costs.

The finding of neglect is supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]) showing that respondent inflicted excessive corporal punishment on his children (see Family Ct Act § 1012 [f] [i] [B]). The children’s out-of-court statements were cross-corroborating (see Matter of Nicole V., 71 NY2d 112, 124 [1987]). Further, the court credited the caseworker’s testimony concerning respondent’s angry behavior during and after a home visit and the children’s apparent fearfulness in his presence. The court also appropriately considered a past adjudication of neglect against respondent that was based upon a finding of excessive corporal punishment involving the use of a belt against a toddler, as well as his current failure to follow agency recommendations (see generally Matter of Evelyn B., 30 AD3d 913, 915-917 [2006], lv denied 7 NY3d 713 [2006]), and his failure to testify, from which the court was entitled to draw the “strongest negative inference” (Matter of Nicole H., 12 AD3d 182, 183 [2004]). Concur—Tom, J.P., Williams, Catterson and Acosta, JJ.

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Order of disposition, Family Court, Bronx County (Douglas E. Hoffman, J.), entered on or about January 8, 2007, which, upon a fact-finding determination that respondent father had neglected his children, released the children to their mother’s custody under petitioner’s supervision for a period of 12 months, unanimously affirmed, without costs.

The finding of neglect is supported by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]) showing that respondent inflicted excessive corporal punishment on his children (see Family Ct Act § 1012 [f] [i] [B]). The children’s out-of-court statements were cross-corroborating (see Matter of Nicole V., 71 NY2d 112, 124 [1987]). Further, the court credited the caseworker’s testimony concerning respondent’s angry behavior during and after a home visit and the children’s apparent fearfulness in his presence. The court also appropriately considered a past adjudication of neglect against respondent that was based upon a finding of excessive corporal punishment involving the use of a belt against a toddler, as well as his current failure to follow agency recommendations (see generally Matter of Evelyn B., 30 AD3d 913, 915-917 [2006], lv denied 7 NY3d 713 [2006]), and his failure to testify, from which the court was entitled to draw the “strongest negative inference” (Matter of Nicole H., 12 AD3d 182, 183 [2004]). Concur—Tom, J.P., Williams, Catterson and Acosta, JJ.

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Bluebook (online)

51 A.D.3d 482, 857 N.Y.S.2d 141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-devante-s-nyappdiv-2008.

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