In re Brian TT.
Court: Appellate Division of the Supreme Court of the State of New York; January 21, 1998; New York; State Appellate Court
An appeal was filed by respondent Carpinello challenging a Family Court order from January 24, 1996, which adjudicated his children, Brian TT. and Akeem TT., to be neglected due to his actions. The children were returned to their mother after visitation weekends in June 1995, during which Akeem exhibited physical injuries, including whip marks and a contusion, confirmed by a caseworker's photographs. Following this, respondent's visitation was suspended, leading to a petition alleging neglect. The Family Court determined that respondent neglected the children by allowing excessive corporal punishment while they were in his care. The court rejected respondent's arguments on appeal, affirming the neglect finding. It ruled that sufficient evidence existed to categorize respondent as a person legally responsible for the children's care, despite him not being present at all times during the visits. The court clarified that the neglect finding was not solely based on uncorroborated statements from Brian, but rather on the physical injuries observed post-visitation, corroborated by testimonies and photographic evidence. The court emphasized that the presence of injuries and the context of care were critical in establishing neglect, affirming the order without costs.