In re Alysha M.
Matter of Alysha M. v Mario M.
2005 NY Slip Op 10018
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Buckley, P.J., Saxe, Marlow, Ellerin, Williams, JJ.
[*1]In re Alysha M. and Another, Children Under the Age of Eighteen Years, etc.,
Mario M., Respondent, Iowla M.,
Respondent-Appellant, Administration for Children's Services,
Petitioner-Respondent. George E. Reed, Jr.,
Michael A. Cardozo, Corporation
Steven Banks, The Legal Aid Society,
Order, Family Court, New York County (Jody Adams, J.), entered on or about September 5, 2003, which found that appellant Iowla M. had neglected Alysha M., the biological daughter of Mario M., appellant's husband, and derivatively neglected Mustafa M., appellant's biological son, unanimously affirmed, without costs.
A caseworker for the Administration for Children's Services,
the only witness at the fact-finding hearing, testified that she had received a
report from a social worker at Alysha's school
of excessive corporal punishment by
Mario. Upon being interviewed, Alysha told the ACS caseworker that on
The caseworker's testimony, supported by the medical evidence, permitted Family Court to draw the inference thatappellant knew about Mario's excessive use of corporal punishment against Alysha, yet failed to take any action to protect the child, which constituted [*2]neglect of Alysha and derivative neglect as to Mustafa (see Family Court Act § 1012[f]; Matter of Rayshawn R., 309 AD2d 681 ). Appellant's failure to take the stand further permitted the court to draw such an inference (see Matter of Nassau County Dept. of Soc. Servs. ex rel. Dante M. v Denise J., 87 NY2d 73, 79-80 ).
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.