Matter of Jocelyn D. (Maria D.)

Matter of Matter of Jocelyn D. (Maria D.) 2012 NY Slip Op 08121 Decided on November 28, 2012 Appellate Division, Second 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 28, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
ANITA R. FLORIO, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
2012-02504
(Docket No. N-37313-10)

[*1]In the Matter of Jocelyn D. (Anonymous). Administration for Children's Services, petitioner-respondent;

and

Maria D. (Anonymous), appellant, et al., respondent.




Lewis S. Calderon, Jamaica, N.Y., for appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y.
(Francis F. Caputo and Scott Shorr of
counsel), for petitioner-respondent.
Steven Banks, New York, N.Y. (Tamara A. Steckler and Elana
Roffman of counsel), attorney for the
child.


DECISION & ORDER

In a child protective proceeding pursuant to Family Court Act article 10, the mother appeals, as limited by her brief, from stated portions of an order of fact-finding and disposition of the Family Court, Kings County (Danoff, J.), dated February 21, 2012, which, after fact-finding and dispositional hearings, inter alia, found that she neglected the subject child.

ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the mother's contention, the Family Court's finding that she neglected the subject child was supported by a preponderance of the evidence showing that she knew or should have known that the child's father was inflicting excessive corporal punishment on the child, and that the mother failed to take any steps to protect her (see Family Ct Act §§ 1012[f][i][B]; 1046[b][i]; Matter of Iouke H. [Terrence H.]., 94 AD3d 889, 891; Matter of Alysha M., 24 AD3d 255).
FLORIO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino [*2]

Clerk of the Court