Matter of Ezekiel C.

Matter of Ezekiel C. 2007 NY Slip Op 03575 [39 AD3d 398] April 24, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 6, 2007

In the Matter of Ezekiel C. and Another, Children Alleged to be Abused. Angel R., Appellant; Administration for Children's Services, Respondent, et al., Respondent.

—[*1] Carol Lipton, Brooklyn, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Scott Shorr of counsel), for Administration for Children's Services, respondent.

Tamara A. Steckler, The Legal Aid Society, New York (Judith Stern of counsel), Law Guardian.

Order, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about December 16, 2003, which found, after a hearing, that child Ezekiel was neglected by his respondent parents, and child Angel was derivatively neglected by his respondent father, unanimously affirmed, without costs.

These findings are supported by a preponderance of the evidence showing that respondent-appellant father neglected Ezekiel within the meaning of Family Ct Act § 1012 (f) (i) (B) (Matter of Danielle M., 151 AD2d 240 [1989]; see also Matter of Jennifer V., 267 AD2d 41 [1999], lv denied 95 NY2d 754 [2000]). There is no basis for disturbing the court's findings, based on the credibility of witnesses, relating to the degree of corporal punishment inflicted (see Matter of Todd D., 9 AD3d 462 [2004]). Concur—Tom, J.P., Mazzarelli, Sullivan, Gonzalez and McGuire, JJ.