In re Earl M.

Appellate Division of the Supreme Court of New York

In re Earl M.

303 A.D.2d 294, 756 N.Y.S.2d 572, 2003 N.Y. App. Div. LEXIS 3066

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

DecidedMarch 25, 2003

StatusPublished

This text of 303 A.D.2d 294 (In re Earl M.) 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 Earl M., 303 A.D.2d 294, 756 N.Y.S.2d 572, 2003 N.Y. App. Div. LEXIS 3066 (N.Y. Ct. App. 2003).

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Opinion

—Order of disposition, Family Court, New York County (George Jurow, J.), entered on or about February 27, 1998, placing the subject child with petitioner Administration for Children’s Services, upon a fact-finding determination that respondents physically abused and neglected the child, unanimously affirmed, without costs.

The findings of physical abuse, excessive corporal punishment and medical neglect are supported by a preponderance of the evidence adduced at the fact-finding hearing, including the child’s in-court statements, the child’s out-of-court statements to a Board of Education guidance counselor, an emergency room physician and an adult friend, the latter witnesses’ [295]*295testimony as to the bruises they observed on the child, and the testimony of another physician that X rays revealed a fracture to the jaw consistent with a punch (see Matter of Yvelize T., 302 AD2d 242 [2003]). No basis exists to disturb the Family Court’s findings of credibility (see Matter of Samantha S., 296 AD2d 327 [2002]). Concur — Buckley, P.J., Rosenberger, Lerner, Friedman and Gonzalez, JJ.

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—Order of disposition, Family Court, New York County (George Jurow, J.), entered on or about February 27, 1998, placing the subject child with petitioner Administration for Children’s Services, upon a fact-finding determination that respondents physically abused and neglected the child, unanimously affirmed, without costs.

The findings of physical abuse, excessive corporal punishment and medical neglect are supported by a preponderance of the evidence adduced at the fact-finding hearing, including the child’s in-court statements, the child’s out-of-court statements to a Board of Education guidance counselor, an emergency room physician and an adult friend, the latter witnesses’ [295]*295testimony as to the bruises they observed on the child, and the testimony of another physician that X rays revealed a fracture to the jaw consistent with a punch (see Matter of Yvelize T., 302 AD2d 242 [2003]). No basis exists to disturb the Family Court’s findings of credibility (see Matter of Samantha S., 296 AD2d 327 [2002]). Concur — Buckley, P.J., Rosenberger, Lerner, Friedman and Gonzalez, JJ.

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Bluebook (online)

303 A.D.2d 294, 756 N.Y.S.2d 572, 2003 N.Y. App. Div. LEXIS 3066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-earl-m-nyappdiv-2003.

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