In re Lamarr

2 Citing cases

  1. In re Tristan R

    63 A.D.3d 1075 (N.Y. App. Div. 2009)   Cited 74 times

    Here, the evidence presented at the hearing established that in 2002 then 8-year-old Sarah R. and 10-year-old Joseph G. made independent, consistent, detailed, and explicit out-of-court statements to several individuals describing similar incidents of sexual abuse by the father ( id.). Further corroboration of the children's out-of-court statements included medical evidence ( see Family Ct Act § 1046 [a] [i], [ii], [iv]; Matter of Karen Patricia G., 44 AD3d 658, 660; Matter of Tyson G., 144 AD2d 673, 674; Matter of Kimberly K., 123 AD2d 865; see also Matter of Dora E., 239 AD2d 228, 230), and the records and testimony of an expert in child sexual abuse ( see Matter of Nicole V., 71 NY2d 112, 121-122; Matter of Lamarr P., 237 AD2d 609, 610; Matter of Victoria KK., 233 AD2d 801, 803). Although the children vaguely recanted their statements both out-of-court and in court, "[a] child's recantation of allegations of abuse does not necessarily require [the] Family Court to accept the later statements as true because it is accepted that such a reaction is common among abused children" ( Matter of Kayla N., 41 AD3d 920, 922 [citations omitted]; see Matter of Akia KK., 282 AD2d 839, 841; Matter of Lisa S. v William S., 187 AD2d 435; see generally Matter of Allison B., 41 AD3d 842, 843; Matter of Shavar B. 7 AD3d 619, 620).

  2. In the Matter of Shavar B

    7 A.D.3d 619 (N.Y. App. Div. 2004)   Cited 13 times

    ORDERED that the fact-finding orders are affirmed, without costs or disbursements. A preponderance of the evidence supported the Family Court's determination that the appellant sexually abused and neglected Kimberly B. ( see Matter of Nicole V., 71 N.Y.2d 112; Matter of Westchester County Dept. of Social Servs. v. Laura B., 216 A.D.2d 402) and derivatively abused and neglected Shavar B. and Bryton M. ( see Matter of Jasmine A., 295 A.D.2d 504; Matter of Dutchess County Dept. of Social Servs. v. Douglas E., Jr., 191 A.D.2d 694). The testimony of an expert in pediatrics, with a specialty in the field of child abuse, corroborated Kimberly's allegations of sexual abuse ( see Matter of Nicole V., supra at 122; Matter of Lamarr P., 237 A.D.2d 609; Family Court Act § 1046[a][vi]). Evidence of Kimberly's subsequent recantations does not mandate setting aside the finding of abuse ( see Matter of Jenna R., 207 A.D.2d 403; Matter of Lisa S., 187 A.D.2d 435).