In re Chanyae S.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Although parents have a right to use reasonable physical force “to maintain discipline or to promote the welfare” of their children (Penal Law § 35.10 [1]), the use of “excessive corporal punishment” constitutes neglect (Family Ct Act § 1012 [f] [i] [B]; see Matter of Isaiah S., 63 AD3d 948, 949 [2009]). While the credibility findings of a hearing court are accorded deference (see Matter of Irene O., 38 NY2d 776, 777 [1975]; Matter of Andrew B. [Deborah B.], 73 AD3d 1036 [2010]), we are free to make our own credibility assessments and, where proper, make a finding of neglect based upon the…
2Cases cited7 opinions
- Matter of O.New York Court of Appeals · 1975
- In re Isaiah S.Appellate Division of the Supreme Court of the State of New York · 2009
- In re Andrew B.Appellate Division of the Supreme Court of the State of New York · 2010
- In re Daniel W.Appellate Division of the Supreme Court of the State of New York · 2007
- In re Peter R.Appellate Division of the Supreme Court of the State of New York · 2004
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- In Re Nah-Ki B. Administration for Children's ServicesAppellate Division of the Supreme Court of the State of New York · 2016
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