We see no reason to disturb Family Court's finding, largely one of credibility, that respondent was not with the child at the time the child sustained her injury. Respondent's evidence in that regard, in light of all the circumstances, including the absence of testimony from the neighbor who babysat for the child on the day respondent took the child to the hospital, satisfied respondent's burden of explanation for the injury (see, Matter of Philip M.,
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MATTER OF KRISTEN B.
283 A.D.2d 195 (2001)
724 N.Y.S.2d 303
In the Matter of KRISTEN B. and Others, Children Alleged to be Abused. CHRISTINA O., Respondent; COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES et al., Appellants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided May 8, 2001.
Decided May 8, 2001.
Appellate Division of the Supreme Court of the State of New York, First Department.
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