In re Jazmyn R.

Appellate Division of the Supreme Court of New York

In re Jazmyn R.

67 A.D.3d 495, 889 N.Y.S.2d 30

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 12, 2009

StatusPublished

Cited by10 cases

This text of 67 A.D.3d 495 (In re Jazmyn R.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Jazmyn R., 67 A.D.3d 495, 889 N.Y.S.2d 30 (N.Y. Ct. App. 2009).

Pincite

Opinion

Order of disposition, Family Court, New York County (Jody Adams, J), entered on or about February 3, 2009, which released the children to the custody of respondent mother without supervision, following a fact-finding determination on June 19, 2008, that the mother had neglected her daughter Kieasha by inflicting excessive corporal punishment and derivatively neglected her daughter Jazmyn, unanimously affirmed, without costs.

The finding of neglect is supported by a preponderance of the evidence (Family Ct Act § 1046 [b] [i]) showing that respondent inflicted excessive corporal punishment (Family Ct Act § 1012 [f] [i] [B]), by beating her daughter Kieasha with two intertwined belts that left a buckle-shaped bruise and puncture marks on her arm (see e.g. Matter of Fred Darryl B., 41 AD3d 276 [2007]; Matter of Maria Raquel L., 36 AD3d 425 [2007]). The out-of-court testimony of the child to the police detective was corroborated by the detective’s observation of the bruise and puncture wounds (see Matter of Nicole V., 71 NY2d 112, 118 [1987]).

The mother’s failure to testify at the fact-finding hearing permitted the court to draw the strongest inference against her (see Matter of Nassau County Dept. of Social Servs. v Denise J., 87 NY2d 73, 79 [1995]; Matter of Maria Raquel L. at 425). Concur—Gonzalez, EJ., Andrias, Saxe, Renwick and ManzanetDaniels, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order of disposition, Family Court, New York County (Jody Adams, J), entered on or about February 3, 2009, which released the children to the custody of respondent mother without supervision, following a fact-finding determination on June 19, 2008, that the mother had neglected her daughter Kieasha by inflicting excessive corporal punishment and derivatively neglected her daughter Jazmyn, unanimously affirmed, without costs.

The finding of neglect is supported by a preponderance of the evidence (Family Ct Act § 1046 [b] [i]) showing that respondent inflicted excessive corporal punishment (Family Ct Act § 1012 [f] [i] [B]), by beating her daughter Kieasha with two intertwined belts that left a buckle-shaped bruise and puncture marks on her arm (see e.g. Matter of Fred Darryl B., 41 AD3d 276 [2007]; Matter of Maria Raquel L., 36 AD3d 425 [2007]). The out-of-court testimony of the child to the police detective was corroborated by the detective’s observation of the bruise and puncture wounds (see Matter of Nicole V., 71 NY2d 112, 118 [1987]).

The mother’s failure to testify at the fact-finding hearing permitted the court to draw the strongest inference against her (see Matter of Nassau County Dept. of Social Servs. v Denise J., 87 NY2d 73, 79 [1995]; Matter of Maria Raquel L. at 425). Concur—Gonzalez, EJ., Andrias, Saxe, Renwick and ManzanetDaniels, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

67 A.D.3d 495, 889 N.Y.S.2d 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jazmyn-r-nyappdiv-2009.

Opinion

Related

Cite This Page — Counsel Stack