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In re Gabriel J.

99 A.D.3d 543 Court N.Y. App. Div. Decision date 2012-10-16 English

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p. 543
In the Matter of Gabriel J. and Another, Children Alleged to be Neglected. O‘Neill H. et al., Appellants; Administration for Children’s Services, Respondent.
[952 NYS2d 521]
p. 544
The findings of neglect were supported by a preponderance of the evidence showing that respondent boyfriend had inflicted excessive corporal punishment on the children (see Family Ct Act §§ 1012 [f] [i] [B]; 1046 [b] [i]), and that respondent mother knew or should have known about the abuse but failed to take any steps to protect her children (see Matter of Rayshawn R., 309 AD2d 681 , 682 [1st Dept 2003]; Matter of Alena O., 220 AD2d 358 , 362 [1st Dept 1995]). The children’s out-of-court statements that the mother’s boyfriend, among other things, kicked the youngest child in the groin area, leaving a bruise, were corroborated by medical records and the mother’s testimony that she observed the bruise the day after the incident (see Family Ct Act § 1046 [a] [vi]; Matter of Naomi J. [Damon R.], 84 AD3d 594 [1st Dept 2011]; Matter of Charnel T., 49 AD3d 427 [1st Dept 2008]). The court was entitled to draw the strongest possible inference the opposing evidence permits against the boyfriend due to his failure to testify (see Matter of Eugene L. [Julianna H.], 83 AD3d 490 [1st Dept 2011]). Further, there is no basis for disturbing the court’s evaluation of the evidence, including its credibility determinations (see Matter of Ilene M., 19 AD3d 106 , 106 [1st Dept 2005]).

We have considered respondents-appellants’ remaining arguments and find them unavailing. Concur — Gonzalez, P.J., Sweeny, Acosta, Renwick and Manzanet-Daniels, JJ.

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