MATTER OF W.


203 A.D.2d 144 (1994)

610 N.Y.S.2d 235

In the Matter of Shetonya W., a Child Alleged to be Abused. Tonya W., Appellant; Commissioner of Social Services, Respondent

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

April 19, 1994


The preponderance of the credible evidence established a prima facie case that respondent was guilty of child abuse where her 10 month old daughter had a linear depressed skull fracture requiring surgery which would ordinarily not be sustained absent parental abuse. Respondent's explanation for the injury was insufficient and discredited by uncontradicted expert medical testimony (see, Matter of Philip M., 82 N.Y.2d 238

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