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In re Enrique B.
Citations: 267 A.D.2d 75; 699 N.Y.S.2d 384; 1999 N.Y. App. Div. LEXIS 12642
Court: Appellate Division of the Supreme Court of the State of New York; December 8, 1999; New York; State Appellate Court
The Order of disposition from the Family Court of Bronx County, presided over by Judge Ruth Zuckerman, determined that the respondent neglected her son, Enrique B., by subjecting him to excessive corporal punishment. The court placed the child with the Commissioner of the Administration for Children’s Services for 12 months, a decision that was unanimously affirmed without costs. The finding of neglect was substantiated by a preponderance of evidence, particularly credible testimony from the child during direct examination, which was later discounted during cross-examination due to his erratic demeanor. The court denied the respondent's request for a psychological evaluation of the child, noting that the case did not hinge on expert testimony and that the respondent had a fair opportunity to challenge the child's credibility through cross-examination. Additionally, the Family Court's decision to exclude the respondent from the courtroom during her child's testimony was deemed appropriate, as her attorney was present, ensuring her due process rights were not violated. Finally, the court rejected the respondent's request to call character witnesses, asserting that their testimony would not be admissible to refute claims of excessive corporal punishment, and noting that the respondent's professional reputation had already been established. The ruling was affirmed by Justices Rosenberger, Tom, Mazzarelli, Lerner, and Rubin.