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In re Salimata T.

Supreme Court of New York, First Department

January 23, 2014

In re Salimata T., and Another, Children Under Eighteen Years of Age, etc., and Elima T., Respondent-Appellant, Administration for Children's Services, Petitioner-Respondent.

Anne Reiniger, New York, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for respondent.

Tamara A. Steckler, The Legal Aid Society, New York (Amy Hausknecht of counsel), attorney for the children.

Tom, J.P., Acosta, Andrias, Freedman, Feinman, JJ.

Order of disposition, Family Court, New York County (Susan Knipps, J.), entered on or about May 10, 2013, which, to the extent appealed from as limited by the briefs, brings up for review a fact-finding determination that respondent mother neglected the subject children, unanimously affirmed, without costs.

The Family Court's neglect finding, based upon allegations of the mother's infliction of excessive corporal punishment, was

supported by a preponderance of the evidence (see Matter of Deivi R. [Marcos R.], 68 A.D.3d 498 [1st Dept 2009]). The daughter's out-of-court statements describing various instances of excessive corporal punishment were properly admitted into evidence, since they were corroborated by her brother's statements, as well as the daughter's teacher, guidance counselor, and the ACS caseworker's observations of her injuries (see Matter of Naomi J. [Damon R.], 84 A.D.3d 594 [1st Dept 2011]).


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