In re Wyquanza J.
Cases that cite this one
11 later published cases cite this decision.
- Matter of Avianna M.-G. (Stephen G.) (Appellate Division of the Supreme Court of New York 2018)
- Matter of Mercedes B. (Nicholas B.) (Appellate Division of the Supreme Court of New York 2026)
- Matter of Ja'Moure D.S. (Jasmine M.) (Appellate Division of the Supreme Court of New York 2025)
- Matter of Mekayla S. (Appellate Division of the Supreme Court of New York 2024)
- Matter of Dorian C. (Cyncere G.) (Appellate Division of the Supreme Court of New York 2024)
- Matter of Leonard P. (Patricia M.) (Appellate Division of the Supreme Court of New York 2023)
- Matter of Grayson R.V. (Jessica D.--David P.) (Appellate Division of the Supreme Court of New York 2021)
- Matter of Deseante L.R. (Femi R.) (Appellate Division of the Supreme Court of New York 2018)
- M., CHARITY, MTR. OF (Appellate Division of the Supreme Court of New York 2016)
- In re Charity M. (Appellate Division of the Supreme Court of New York 2016)
- In re Charity M. (Appellate Division of the Supreme Court of New York 2016)
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
Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), entered March 7, 2011 in a proceeding pursuant to Family Court Act article 10. The order, among other things, adjudged that respondent had abused and neglected the subject children.
Memorandum: Respondent mother appeals from an order determining that she abused and neglected her two-month-old child and derivatively abused and neglected her two-year-old child. We reject the mother’s contention that the evidence is legally insufficient to support the determination. Petitioner presented evidence, including the testimony of a physician, establishing that the younger child sustained fractures of his left humerus, right humerus, left tibia and several ribs, and that the injuries were inflicted at different times. Petitioner thereby established a prima facie case of child abuse and neglect with respect to the younger child pursuant to Family Court Act § 1046 (a) (ii), “and the mother failed to rebut the presumption of parental responsibility” (Matter of Seth G., 50 AD3d 1530, 1531 [2008]; see Matter of Michael I., 276 AD2d 839, 840-841 [2000], lv denied 96 NY2d 701 [2001]; see generally Matter of Philip M., 82 NY2d 238, 245-247 [1993]).
Petitioner also established by a preponderance of the evidence that the older child was derivatively abused and neglected, inasmuch as the abuse and neglect of the younger child “is so closely connected with the care of [the older] child as to indicate that [he] is equally at risk” (Matter of Marino S., 100 NY2d 361, 374 [2003], cert denied 540 US 1059 [2003]). Indeed, the abuse and neglect of the younger child “demonstrates such an impaired level of judgment by the [mother] as to create a substantial risk of harm for any child in her care” (Matter of Aaron McC., 65 AD3d 1149, 1150 [2009]). Present — Smith, J.E, Feradotto, Garni and Sconiers, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.