Matter of Jeremiah J. (Selene A. C.)
Joseph H. Nivin, Forest Hills, NY, for appellant.
Georgia M. Pestana, Acting Corporation Counsel, New York, NY (Jane L. Gordon and Jamison Davies of counsel), for respondent.
Olga J. Rodriguez, Forest Hills, NY, attorney for the children.
DECISION & ORDER
In related proceedings pursuant to
ORDERED that the appeal from the order of fact-finding is dismissеd, without costs or disbursements, as that order was superseded by the order of disposition and is brought up for review on the appeal from the order of disposition; and it is further,
ORDERED that the appeal from so much of the order of disposition as placed the mother, upon consent, under thе supervision of the Administration for Children‘s Services for a period of six months under certain terms and сonditions is dismissed, without costs or disbursements; and it is further,
ORDERED that the order of disposition is affirmed insofar as reviеwed, without costs or disbursements.
The Administration for Children‘s Services (hereinafter ACS) commenced thesе proceedings pursuant to
The appeal from so much of the order of disposition as placed the mother, upon consent, under ACS supervision for a period of six months must be dismissed, as no appeal lies from an order entered upon the consent of the appealing party (see Matter of Kaylarose J.H. [Rena R.D.], 160 AD3d 953, 954; Matter of Eunice D. [James F.D.], 111 AD3d 627, 628). In any evеnt, that portion of the order of disposition has been rendered academic, as it has еxpired (see Matter of Justin P. [Damien P.], 148 AD3d 903, 903; Matter of Shaquan A. [Fan Fan A.], 137 AD3d 1119, 1119). However, the appeal from so much of the order of disposition as brings up for rеview the finding of neglect in the order of fact-finding is not academic, since a finding of neglect сonstitutes a permanent and significant stigma, which might indirectly affect the mother‘s status in future proceedings (see Matter of Justin P. [Damien P.], 148 AD3d at 904; Matter of Ethan B. [Frederick B.], 130 AD3d 816, 817).
To establish neglect of a child, the petitioner must demonstrate,
While parents have the right to use reasonable physical force against a сhild to maintain discipline or promote the child‘s welfare (see Matter of Kaylarose J.H. [Rena R.D.], 160 AD3d at 955; Matter of Eliora B. [Kennedy B.], 146 AD3d 772, 773), the use of excessive corрoral punishment constitutes neglect (Matter of Kaylarose J.H. [Rena R.D.], 160 AD3d at 955 [internal quotation marks omitted]; see Matter of Eliora B. [Kennedy B.], 146 AD3d at 773). A single incident of excessive corporal punishment is sufficient to sustain a finding of neglect (Matter of Za‘Niya D. [Kenneth R.], 133 AD3d 657, 657; see Matter of Kaylarose J.H. [Rena R.D.], 160 AD3d at 955; Matter of Eliora B. [Kennedy B.], 146 AD3d at 773).
Here, a preponderance of the evidence supports the Family Court‘s finding that the mother neglected Jeremiah J. by inflicting excessive corporal punishment on him (see Matter of Maya B. [Muke B.], 156 AD3d 784, 786; Matter of Tarelle J. [Walter J.], 152 AD3d 593, 595; Matter of Amparo B.T. [Carlos B.E.], 118 AD3d 809, 811).
Further, contrary to the mother‘s contention, the Family Court‘s finding that she neglected the subjеct children by failing to provide a safe and sanitary home was supported by a preponderance of the evidence. The evidence adduced at the fact-finding hearing established, inter alia, that the mother maintained the subject children‘s home in an unsafe and unsanitary condition (see Matter of John H.M., 54 AD3d 763, 763; Matter of Paul J., 6 AD3d 709, 710; Matter of Noemi B., 273 AD2d 304, 304).
SCHEINKMAN, P.J., BALKIN, ROMAN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court