MATTER OF AMIRE B.

6498.

95 A.D.3d 632 (2012)

945 N.Y.S.2d 17

2012 NY Slip Op 3868

In the Matter of AMIRE B., and Infant. SELIKA B., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 17, 2012.


The finding of abuse and neglect was supported by a preponderance of the evidence (Family Ct Act § 1046 [b] [i]). Petitioner made a prima facie showing that a spiral fracture of the infant's right humerus would ordinarily not have been sustained except by reason of respondent mother's acts or omissions, a showing which respondent failed to adequately rebut "with a credible and reasonable explanation of how the child suffered [the injury]" (Matter of Nakym S.,...

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