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MATTER OF DUTCHESS COUNTY DEP'T OF SOC SERVS.

242 A.D.2d 533 (1997)

661 N.Y.S.2d 670

In the Matter of Dutchess County Department of Social Services, on Behalf of Brittney C. and Another, Children Alleged to be Abused and Neglected, Appellant. Noreen K. et al., Respondents

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

September 8, 1997

Ordered that the order is reversed insofar as appealed from, without costs or disbursements, the petition to adjudicate Brittney C. an abused child and Ashley K. a neglected child is granted, and the matter is remitted to the Family Court, Dutchess County, for a dispositional hearing.

Family Court Act § 1046 (a) (ii) provides that a prima facie case of child abuse or neglect may be established by evidence of an injury which ordinarily would not occur absent an...

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