A preponderance of the evidence demonstrated that respondent inflicted excessive corporal punishment upon his children Doran J. and Samantha J., and supported the challenged findings of neglect ( see, Family Ct Act § 1012 [f] [i] [B]; Matter of Anthony C., 201 A.D.2d 342), both direct and derivative ( see, Matter of Nassau County Dept. of Social Servs. [Dante M.] v. Denise J., 87 N.Y.2d 73, 80). Although respondent would also challenge the initial foster care placement of his children as contrary to their best interests, the term of the placement directed in the appealed orders has expired rendering any placement issues raised by the appealed orders academic ( see, Matter of Angelina E., 213 A.D.2d 346). We note, however, that the evidence is persuasive that the disputed placement was in the children's best interests.
Concur — Rosenberger, J.P., Ellerin, Tom and Mazzarelli, JJ.