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IN THE MATTER OF VERONICA C.

55 A.D.3d 411 (2008)

866 N.Y.S.2d 49

In the Matter of VERONICA C., Petitioner, v. GLADYS CARRIÓN, as Commissioner of the New York State Office of Children and Family Services, et al., Respondents.

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

October 21, 2008.

The administrative determination was not supported by substantial evidence. While there was sufficient evidence that the child suffered an injury that would not ordinarily occur without a failure to supervise him (see Family Ct Act § 1046 [a] [ii]), there was no evidence to demonstrate how or when the injury occurred, and it could not be determined on this record who the child's caretaker was at the time of the injury...

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