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IN THE MATTER OF JORDAN XX.

503710.

2008 NY Slip Op 06001

IN THE MATTER OF JORDAN XX., Alleged to be an Abused Child. SCHOHARIE COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; and MICHELLE XX., Appellant.

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

Decided and Entered: July 3, 2008.

Attorney(s) appearing for the Case

Sandra M. Colatosti, Albany, for appellant.

David P. Lapinel, Schoharie County Department of Social Services, Schoharie, for respondent.

Christine E. Nicolella, Law Guardian, Delanson.

Before: Mercure, J.P., Spain, Rose, Kavanagh and Stein, JJ.

MEMORANDUM AND ORDER

MERCURE, J.P.

After the subject child (born in 2004) arrived at his day-care facility on December 19, 2006, Linda Holmes, the owner and operator of the facility, noticed bruising and swelling around the area of his genitals when she changed him out of his pajamas and into his daytime clothing. Holmes also heard the child say "ow" and saw him point towards his penis. Holmes, who testified that the injuries were not present on the previous...

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