In re Shalyse WW.

63 A.D.3d 1193, 879 N.Y.S.2d 644
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 4, 2009
StatusPublished
Cited by31 cases

This text of 63 A.D.3d 1193 (In re Shalyse WW.) 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 Shalyse WW., 63 A.D.3d 1193, 879 N.Y.S.2d 644 (N.Y. Ct. App. 2009).

Opinion

Peters, J.P

Appeals from two orders of the Family Court of Broome County (Pines, J.), entered February 23, 2007 and September 18, 2007, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 10, to adjudicate respondents’ children to be neglected.

Respondents are the parents of three children, Shalyse WW. (born in 1998), Shareka WW (born in 2001) and Luke WW (born in 2005). On May 21, 2006, police responded to respondents’ residence after receiving a 911 call that a man with a gun was chasing a woman and her children. According to statements made by respondent Lisa XX. (hereinafter the mother) to police immediately after the incident and petitioner’s caseworker the following day, respondent Carl WW. (hereinafter the father) had been smoking crack cocaine for the previous three days while locked inside the parties’ bedroom when he suddenly emerged brandishing a loaded shotgun and accusing her of bringing “predators” into the home. Threatening to kill her if he found anyone in the home, the father then took both the mother and the three children from room to room searching for the purported intruders. When the father momentarily left the family in the dining room to continue his search, the mother fled with the children out of the rear of the residence. Upon discovering this, the father exited the residence and, proclaiming that “he was going to kill her,” chased the mother and children with the shotgun as they escaped through a wooded area.

Following the incident, the father, who was described as sweating and agitated, was arrested at the parties’ home. The house was found to be in extreme disarray and a search by police revealed a loaded shotgun, shotgun shells and a knife, as well as positive indications for the presence of narcotics in those locations where the mother had indicated that the father kept his cocaine. Two days later, the mother filed a family offense petition against the father and was granted a no-contact temporary order of protection in favor of herself and the children. In her petition, the mother provided a detailed account of the incident entirely consistent with her sworn statements to police and the caseworker, and also set forth allegations of previous abuse by the father, including strangling her while holding a knife to her [1195]*1195head, punching her in the presence of the children and threats made towards her while in possession of a weapon. The following day, petitioner’s caseworker met personally with the mother, who again emotionally described the events that had transpired days earlier. At that time, the two older children corroborated the horrific facts of the incident relayed by the mother and stated that they were scared of the father.

Approximately a month later, despite the order of protection, respondents were observed together with their children in a local hardware store. At a July 5, 2006 hearing, the mother recanted the allegations contained in her family offense petition, resulting in the dismissal of the petition by Family Court. The next day, petitioner temporarily removed respondents’ children on an emergency basis (see Family Ct Act § 1024), which was approved by order of Family Court the following day. Petitioner then commenced this neglect proceeding against both respondents.

At the fact-finding hearing, the father denied the allegations in the petition and the mother testified that she had fabricated both the events of May 21, 2006 as well as the allegations of prior domestic abuse by the father contained in her family offense petition. Family Court found the mother’s prior statements to be credible, rejected her recantation and explanation as not credible and adjudicated the children to have been neglected. Following a dispositional and permanency hearing, Family Court continued placement of the children with petitioner for an additional 12 months. These appeals by respondents followed.

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Bluebook (online)
63 A.D.3d 1193, 879 N.Y.S.2d 644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-shalyse-ww-nyappdiv-2009.