MATTER OF NAKYM S.


60 A.D.3d 578 (2009)

___ N.Y.S.2d ___

In the Matter of NAKYM S., a Child Alleged to be Neglected. KIMBERLY N., Appellant; ADMINISTRATION FOR CHILDREN'S SERVICES OF THE CITY OF NEW YORK, Respondent, et al., Respondents.

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

Decided March 31, 2009.


The finding of neglect was established by a preponderance of the evidence (Family Ct Act § 1046 [b] [i]; see also Nicholson v Scoppetta, 3 N.Y.3d 357, 368 [2004]). Petitioner satisfied its initial prima facie showing of neglect by expert medical testimony establishing that the child sustained immersion burns to the buttocks, which were "of such a nature as would ordinarily not be sustained or exist except by reason of the acts...

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