Matter of Kennya S. (Kensader S.)

Matter of Kennya S. v Kensader S. 2011 NY Slip Op 08292 Decided on November 17, 2011 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.

Decided on November 17, 2011
Friedman, J.P., Catterson, Moskowitz, Freedman, Abdus-Salaam, JJ.
5889

[*1]In re Kennya S., A Child Under the Age of Eighteen Years, etc., _ _ _ _ _

and

Kensader S., Respondent-Appellant, Administration for Children's Services, Petitioner-Respondent,




Dora M. Lassinger, East Rockaway, for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Drake A.
Colley of counsel), for respondent.
Tamara A. Steckler, The Legal Aid Society, New York (John A.
Newbery of counsel), attorney for the child.

Order of disposition, Family Court, New York County (Susan K. Knipps, J.), entered on or about May 28, 2010, which, insofar as appealed from as limited by the briefs, bringing up for review a fact-finding determination that respondent father neglected the subject child, unanimously reversed, on the law, without costs, the finding of neglect vacated and the petition dismissed as against him.

Under the circumstances of this case, notwithstanding the findings of the Family Court, the isolated instance of excessive corporal punishment resulting in relatively mild physical injuries (depicted in photographs in the record) does not support a finding of neglect (see In re Chanika B., 60 AD3d 671 [2009]; Matter of Christian O., 51 AD3d 402 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 17, 2011

CLERK