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In the Matter of NAOMI J. and Another, Children Alleged to be Neglected. DAMON R., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

The finding of neglect is supported by a preponderance of the evidence (Family Ct Act § 1046 [b] [i]) showing that respondent inflicted excessive corporal punishment upon his daughter Naomi (Family Ct Act § 1012 [f] [i] [B]), by beating her and leaving bruises on her arm and under her eye ( see Matter of Jazmyn R. [Luceita F.], 67 AD3d 495). The out-of-court statement of the child to her teacher was corroborated by the teacher's observation of the bruises on the child's arm and face ( see Matter of Nicole V, 71 NY2d 112, 118; Jazmyn R., 67 AD3d at 495).

Respondent's use of excessive corporal punishment against Naomi supports the finding of derivative neglect as to Damon R. Jr. ( see Family Ct Act § 1046 [a] [i]; Matter of Deivi R. [Marcos R.], 68 AD3d 498, 499).

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IN RE NAOMI J
(May 17, 2011)