In re Iyonte G.
Cases that cite this one
16 later published cases cite this decision.
- In re Jada K.E. (Appellate Division of the Supreme Court of New York 2012)
- In re Jada K.E. (Appellate Division of the Supreme Court of New York 2012)
- Matter of Jada W. (Fanatay W.) (Appellate Division of the Supreme Court of New York 2023)
- Matter of Gerald W. (Anne R.) (Appellate Division of the Supreme Court of New York 2015)
- In re Naomi P. (NYC Family Court 2015)
- L., HANNAH, MTR. OF (Appellate Division of the Supreme Court of New York 2014)
- In re Hannah L. (Appellate Division of the Supreme Court of New York 2014)
- In re Hannah L. (Appellate Division of the Supreme Court of New York 2014)
- In re Alexis S. (Appellate Division of the Supreme Court of New York 2014)
- In re Alexis S. (Appellate Division of the Supreme Court of New York 2014)
- In re Monique M. (Appellate Division of the Supreme Court of New York 2013)
- In re Monique M. (Appellate Division of the Supreme Court of New York 2013)
- D., RAYGEN, MTR. OF (Appellate Division of the Supreme Court of New York 2012)
- In re Raygen D. (Appellate Division of the Supreme Court of New York 2012)
- In re Raygen D. (Appellate Division of the Supreme Court of New York 2012)
- In re Jeshaun R. (Appellate Division of the Supreme Court of New York 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The instant controversy arises from an out-of-court statement made by Iyonte G., then eight years old, to her mother, Lynn G., to the effect that her stepfather put his penis in her mouth and made a crude and obscene comment with respect to what he wanted Iyonte G. to do to him. The Administration for Children’s Services (hereinafter the petitioner) filed a sexual abuse petition against the stepfather for sexually abusing Iyonte G., and derivative sexual abuse petitions with regard to Iyonte G.’s sister, Nyasia G., then six years old, and the other subject children, who are the stepfather’s biological children.
In a child protective proceeding, the petitioner has the burden of proving abuse or neglect by a preponderance of the evidence (see Family Ct Act § 1046 [b] [i]). Pursuant to Family Court Act § 1046 (a) (vi), “previous statements made by the child relating to any allegations of abuse or neglect shall be admissible in evidence, but if uncorroborated, such statements shall not be sufficient to make a fact-finding of abuse or neglect.” The out-of-court statements may be corroborated by “[a]ny other evidence
Under the facts of this case, the Family Court erred in finding that Iyonte G.’s out-of-court statements were sufficiently corroborated. While the Family Court could properly draw a strong inference against the stepfather for failing to testify (see Matter of Joseph C., 297 AD2d 673 [2002]; Matter of Jenny N., 262 AD2d 951 [1999]), “that inference cannot establish corroboration where it otherwise does not exist” (Matter of Kayla F., 39 AD3d at 985).
Since the finding of derivative abuse regarding the remaining five children was based on the abuse determination with respect to Iyonte G., that finding, too, is unsupported by the evidence (see Matter of Kayla F., 39 AD3d 983 [2007]; Matter of Kymberlee P., 231 AD2d 526, 527 [1996]).
In the absence of sufficient corroboration, the petitions must be dismissed. Florio, J.E, Eng, Leventhal and Hall, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.