MATTER OF YY.


199 A.D.2d 690 (1993)

605 N.Y.S.2d 418

In the Matter of Robert YY., a Child Alleged to be Abused. Ulster County Department of Social Services, Respondent; Mary ZZ., Appellant. (Proceeding No. 1.) In the Matter of Robert YY. and Another, Children Alleged to be Neglected. Ulster County Department of Social Services, Respondent; Mary ZZ., Appellant. (Proceeding No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 16, 1993


Yesawich Jr., J.

On the morning of January 19, 1991, respondent's three-month-old son, Robert, was being cared for by his father, respondent's fiancé, while respondent dozed on and off in the same room. Respondent awakened at least once during the morning, noticed that her fiancé was playing with the child on the bed — "flipping" him from front to back, a game the infant enjoyed — and went back to sleep. Shortly thereafter, she...

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