Matter of Zacari S. (Messiah K.S.)

Holding The Appellate Division affirmed the Family Court’s finding of neglect, determining that the father’s commission of acts of domestic violence in the children’s presence and infliction of excessive corporal punishment impaired or endangered the children’s condition. The court noted that review was limited to contested matters due to the father’s default at the dispositional hearing.

The court’s words

A finding of neglect is proper where a preponderance of the evidence establishes that the child's physical, mental, or emotional condition was impaired or was in danger of becoming impaired by the parent's commission of an act, or acts, of domestic violence in the child's presence

2026 NY Slip Op 05794, at the official text

Although parents have a right to use reasonable physical force against a child in order to maintain discipline or to promote the child's welfare, the use of excessive corporal punishment constitutes neglect

2026 NY Slip Op 05794, at the official text

the strong negative inference that the court was entitled to draw against the father upon his failure to testify

2026 NY Slip Op 05794, at the official text