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MATTER OF ASIA B

Appellate Division of the Supreme Court of New York, Second Department.
Dec 2, 1999
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DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

Contrary to the appellant's contention, the determination that his daughter is an abused and neglected child is supported by a preponderance of the evidence (see, Family Ct. Act § 1046 Fam. Ct. Act[B][i]; Matter of Tammie Z., 66 N.Y.2d 1 ). The evidence established that the child sustained a laceration to her head requiring stitches as a result of excessive corporal punishment by the appellant (see, Family Ct. Act § 1012 Fam. Ct. Act[f][i][B]; Matter of Tonya C., 220 A.D.2d 498 ; Matter of Danielle YY., 188 A.D.2d 894 ). Further, the appellant disciplined Asia B. by repeatedly hitting her on the head to "let her know I'm her father", created a "substantial risk of physical injury * * * by other than accidental means which would be likely to cause * * * serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function of any bodily organ" (Family Ct. Act § 1012 Fam. Ct. Act[e][ii]; see, Matter of Nassau County Dept. of Social Servs., 191 A.D.2d 634 ;Matter of C. Children, 183 A.D.2d 767 ).

The father's remaining contention is without merit.

S. MILLER, J.P., ALTMAN, SCHMIDT, and SMITH, JJ., concur.