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After the Bronx County Family Court found that he had not only neglected his younger child, CL, “by inflicting excessive corporal punishment,” which placed the youngster “at imminent risk of physical and emotional harm,” but that he also “derivatively neglected” his older child, JL, the dad appealed.

And on its review of the case, the Appellate Division, First Department, thought that the “preponderance of the evidence” supported the Family Court’s determination that CL had been neglected as the result of the use of “excessive corporal punishment.” Apparently, the dad caused a bruise on CL’s arm which was visible to a caseworker several days after the incident. And medical records apparently corroborated the child’s statement that the father grabbed her by the neck (which made it difficult for her to breathe), and her muscle pain was apparently triggered by the father throwing her against a wall, and kicking her.

But the AD1 didn’t agree that there had been “derivative neglect” of JL, because the reported abuse of his younger sibling did not occur in his presence, and he was apparently unaware it even occurred (because it all took place outside of the family home). Additionally, given there was no evidence of any abuse directed at JL, and that he continued to live with his dad while the underlying neglect proceedings were underway, the AD1 vacated that part of that Family Court’s order.

There's no getting a kick out of that.

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Matter of C.L. (Edward L.)