ALBANY COUNTY v. ANA P.


13 Misc.3d 855 (2006)

827 N.Y.S.2d 525

ALBANY COUNTY DEPARTMENT FOR CHILDREN, YOUTH & FAMILIES, Petitioner, v. ANA P., Respondent.

Family Court, Albany County.

September 12, 2006.


Attorney(s) appearing for the Case

Sandra M. Allen for respondent.

James J. Green and Raymond White for petitioner.

Jeffrey S. Berkun, Law Guardian.


OPINION OF THE COURT

W. DENNIS DUGGAN, J.

The issue in this case is whether the res ipsa loquitur presumption contained in Family Court Act § 1046 (a) (ii) can be applied to find that a mother, whom the Albany County Department for Children, Youth and Families concedes did not infect her daughter with gonorrhea, is guilty of abuse. The court holds that the res ipsa presumption cannot be extended to...

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