| Matter of Salimata T. (Elima T.) |
| 2014 NY Slip Op 00433 [113 AD3d 532] |
| January 23, 2014 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Salimata T. and Another, Children Alleged to be Neglected. Elima T., Appellant; Administration for Children's Services, Respondent. |
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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.
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 AD3d 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 [*2]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 AD3d 594 [1st Dept 2011]). Concur—Tom, J.P., Acosta, Andrias, Freedman and Feinman, JJ.