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IN THE MATTER OF KIMBERLY M., and Another, Children Alleged to be Neglected. JOY P., Appellant; COMMISSIONER OF SOCIAL SERVICES, Respondent, et al., Respondent.

Family Court's findings of neglect, both primary (as to Kimberly M.) and derivative (as to Shawn P.), against respondent mother were amply supported by police testimony and medical records attesting to, inter alia, bruises and other marks on the body of her daughter Kimberly consistent with excessive corporal punishment, by the mother's admission to the police that she had inflicted such injuries in the course of administering corporal punishment, by the mother's having failed to protect Kimberly from her paramour when he was obviously intoxicated, and by undisputed evidence of the mother's continued drug abuse ( see, Family Ct Act § 1012 [f] [i] [B]; see, e.g., Matter of R./W. Children, 240 A.D.2d 207, lv denied 90 N.Y.2d 807). The mother's recantation at trial of her admission to the police that she inflicted the child's bruises in the course of disciplining her children simply created a credibility issue to be resolved by the court ( see, Matter of R. /B. Children, 256 A.D.2d 96).

Concur — Mazzarelli, J. P., Wallach, Rubin, Andrias and Saxe, JJ.

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MATTER OF KIMBERLY M
(Jun 24, 1999)