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In the Matter of CHRISTOPHER P. and Another, Children Alleged to be Abused. KENIA P., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

The finding of abuse as to the older child is supported by a preponderance of the evidence showing a substantial risk of physical injury due to respondent's infliction of excessive corporeal punishment, and a protracted impairment of emotional health due to witnessing an incident of domestic violence (Family Ct Act § 1012 [e]; § 1046 [b] [i]). The older child's out-of-court statements were sufficiently corroborated by, inter alia, the personal observations of a child protective specialist and the child's medical records ( see Matter of Yvelize T., 302 AD2d 242). The finding of derivative abuse as to the younger child was proper under the circumstances ( see Matter of Jason G., 3 AD3d 340, lv denied 2 NY3d 702; Matter of Quincy Y., 276 AD2d 419).

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IN THE MATTER OF CHRISTOPHER P
(Jun 27, 2006)