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IN THE MATTER OF KORTNEY C.

3 A.D.3d 532 (2004)

770 N.Y.S.2d 758

In the Matter of KORTNEY C., a Child Alleged to be Neglected. ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent; SAVITRI L., Appellant, et al., Respondents.

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

January 20, 2004.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Family Court Act § 1046 (a) (ii) provides that a prima facie case of child abuse or neglect is "established by evidence of (1) an injury to a child which would ordinarily not occur absent an act or omission of [the] respondents, and (2) that [the] respondents were the caretakers of the child at the time that the injury occurred" (Matter of Philip M.,

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