MATTER OF AUGUST ZZ.


42 A.D.3d 745 (2007)

840 N.Y.S.2d 184

In the Matter of AUGUST ZZ. and Others, Children Alleged to be Severely Abused, Abused and/or Neglected. CORTLAND COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; Matthew ZZ., Appellant. (Proceeding No. 1.) In the Matter of ZAIUS ZZ., a Child Alleged to be Severely Abused. CORTLAND COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; MATTHEW ZZ., Appellant. (Proceeding No. 2.) In the Matter of AUGUST ZZ. and Another, Alleged to be the Children of a Mentally Ill and/or Mentally Retarded Parent. CORTLAND COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; MATTHEW ZZ., Appellant. (Proceeding No. 3.)

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

Decided July 12, 2007.


Mercure, J.P.

Respondent is the father of two daughters (born in 1998 and 2000) and a son (born in 2001). On March 24, 2005, respondent struck his son in the abdomen with such force that the child's small intestine was ruptured. As a result, air and fluid collected in his abdomen and he experienced pain and vomiting. The child's symptoms increased in severity for almost two days before his mother finally brought him to the...

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