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IN RE RAYSHAWN R. AND ANOTHER, CHILDREN UNDER THE AGE OF EIGHTEEN YEARS, ETC., KATIE T., ETC., Respondent-Appellant, ADMINISTRATION FOR CHILDREN'S SERVICES, Petitioner-Respondent.

The court's findings of neglect, both primary as to Jerome T. and derivative as to Rayshawn R., against respondent grandmother, the legal guardian of Jerome T., were amply supported by the record. Petitioner proved by a preponderance of the evidence that respondent knew or should have known that the child's mother was inflicting excessive corporal punishment on Jerome, and that respondent failed to take any steps to protect him (see e.g. Matter of Kimberly M., 262 A.D.2d 237; Matter of Eddie E., 219 A.D.2d 719) . Jerome's statements were sufficiently corroborated by the testimony of the caseworker, by reports made by school officials, by reports prepared by medical professionals, by photographs taken of Jerome's injuries and by respondent's own admission to the caseworker that she had bathed the child the morning after the beating (see Matter of Nicole V., 123 A.D.2d 97, affd 71 N.Y.2d 112). Petitioner also established that respondent misused alcohol (see Matter of Megan G., 291 A.D.2d 636).

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

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IN RE RAYSHAWN R
(Oct 28, 2003)