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In the Matter of DEVANTE S. and Others, Children Alleged to be Neglected. JOHN H., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

The finding of neglect is supported by a preponderance of the evidence ( see Family Ct Act § 1046 [b] [i]) showing that respondent infl7icted excessive corporal punishment on his children ( see Family Ct Act § 1012 [f] [i] [B]). The children's out-of-court statements were cross-corroborating ( see Matter of Nicole V., 71 NY2d 112, 124). Further, the court credited the caseworker's testimony concerning respondent's angry behavior during and after a home visit and the children's apparent fearfulness in his presence. The court also appropriately considered a past adjudication of neglect against respondent that was based upon a finding of excessive corporal punishment involving the use of a belt against a toddler, as well as his current failure to follow agency recommendations ( see generally Matter of Evelyn B., 30 AD3d 913, 915-917, lv denied 7 NY3d 713), and his failure to testify, from which the court was entitled to draw the "strongest negative inference" ( Matter of Nicole H., 12 AD3d 182, 183).

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IN RE DEVANTE
(May 8, 2008)