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MATTER OF BENJAMIN L.

9 A.D.3d 153 (2004)

780 N.Y.S.2d 8

In the Matter of BENJAMIN L. and Others, Children Alleged to be Abused and/or Neglected. FLORENCE L., Appellant; COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent, et al., Respondent.

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

July 15, 2004.

Attorney(s) appearing for the Case

Michael C. Wroblewski, Manalapan, for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Suzanne K. Colt and Pamela Seider Dolgow of counsel), for respondent.

Monica Drinane, The Legal Aid Society, New York City (Judith Stern of counsel), Law Guardian.

TOM, MAZZARELLI, SULLIVAN and ELLERIN, JJ., concur.

OPINION OF THE COURT

BUCKLEY, P.J.

This case arises from the death of Kendall B., a three-year-old child who was in the custody of respondents, his foster parents. Kendall had sustained serious burns from scalding water in a bathtub and two days later died from cardiac arrest. Following a fact-finding hearing, Family Court rejected respondents' version of how Kendall's burns happened as incredible, discounted respondents' medical expert, and found that petitioner...

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