Matter of Julia BB

In Matter of Julia BB., 42 AD3d 208 (3rd Dep't 2007), the Third Department concluded that the agency failed to prove severe abuse by clear and convincing evidence. The child at issue in that case had injuries including fractures of the ribs, forearm and tibia. The Julia BB. court rejected the testimony of the petitioner's experts, finding that one expert had limited training or experience and that the other expert witness had "personal animus" towards the respondent and had "engaged in a crusade to deprive respondents of their children." Id. at 221. The Court further noted that the respondents presented the testimony of expert witnesses who concluded that the child suffered from a variant of Osteogenesis Imperfecta and was not the victim of child abuse. Id.