Matter of Kennya S. (Kensader S.), 2011 NY Slip Op 08292 [89 AD3d 570]

November 17, 2011

Appellate Division, First Department

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Dora M. Lassinger, East Rockaway, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Drake A. Colley of counsel), for respondent.

Tamara A. Steckler, The Legal Aid Society, New York (John A. Newbery of counsel), Attorney for the Child.

Order of disposition, Family Court, New York County (Susan K. Knipps, J.), entered on or about May 28, 2010, which, insofar as appealed from as limited by the briefs, bringing up for review a fact-finding determination that respondent father neglected the subject child, unanimously reversed, on the law, without costs, the finding of neglect vacated and the petition dismissed as against him.

Under the circumstances of this case, notwithstanding the findings of the Family Court, the isolated instance of excessive corporal punishment resulting in relatively mild physical injuries (depicted in photographs in the record) does not support a finding of neglect ( see Matter of Chanika B. , 60 AD3d 671 [2009]; Matter of Christian O. , 51 AD3d 402 [2008]). Concur—Friedman, J.P., Catterson, Moskowitz, Freedman and Abdus-Salaam, JJ..