MATTER OF MADISON H.

8215.

99 A.D.3d 475 (2012)

952 N.Y.S.2d 124

2012 NY Slip Op 6735

In the Matter of MADISON H., a Child Alleged to be Neglected. DEMEZZ H., Appellant; TABITHA A., Respondent; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

October 9, 2012.


The finding of neglect was supported by a preponderance of the evidence (see Family Ct Act §§ 1012 [f]; 1046 [b]). The evidence, including the testimony of the mother and medical experts, shows that the child suffered an injury that would not ordinarily occur absent an act or omission of a caretaker, and that the father was the caretaker of the child at the time the injury occurred (see Family Ct Act § 1046 [a] [ii]). The court cited the father...

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