IN THE MATTER OF ABRAHAM P.

2019

69 A.D.3d 492 (2010)

893 N.Y.S.2d 52

2010 NY Slip Op 389

In the Matter of ABRAHAM P. and Another, Children Alleged to be Abused. VIOLETA J., Appellant; ADMINISTRATION FOR CHILDREN SERVICES, Respondent.

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

Decided January 21, 2010.


Petitioner agency established, by a preponderance of the evidence through the testimony of the medical examiner, that appellant's four-month-old son died of asphyxiation when a coin lodged in his airway, and that the infant was too young to have been able to pick up the coin himself. The autopsy also revealed that the infant had suffered at least one previous anoxic event. It was undisputed that the baby was in appellant's exclusive care on both occasions.

Appellant...

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