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IN THE MATTER OF LUIS T.

4134, 4135.

81 A.D.3d 406 (2011)

In the Matter of JOSE LUIS T. and Another, Children Alleged to be Neglected. CARMEN A. et al., Appellants; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

Decided February 1, 2011.

Petitioner's prima facie evidence showing a single nondisplaced oblique fine-line fracture of the child's femur that would ordinarily not have been sustained except by reason of respondent parents' acts or omissions was sufficiently rebutted by the evidence, not addressed by Family Court, showing that the injury could have occurred accidentally when respondent mother bent down to pick up some garbage while the child was secured...

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