In re Monique S.

Upon conclusion of the dispositional hearing and prior to the court’s 2004 order, the child was removed from her preadoptive foster home due to a founded report of excessive corporal punishment by the foster mother. Respondent has failed to meet his heavy burden of showing this evidence could not have been discovered earlier with due diligence (see H & Y Realty Co. v *526Baron, 193 AD2d 429, 430 [1993]). Moreover, he failed to establish that this evidence, “if introduced at the trial, would probably have produced a different result” (CPLR 5015 [a] [2]), as the child’s relationship with her then…