The finding of neglect is supported by evidence that it was respondent's practice to discipline the then two-year-old child by grabbing his shoulders and shaking him until he cried and the mother would beg respondent to stop (see, Family Ct Act 1012[f][I][B]). The absence of physical injury does not require a different result (see,Matter of Danielle M., 151 A.D.2d 240, 242-243). In any event, there was evidence of injury to the child consisting of unexplained, four-inch-long scratches on the child's back.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.