MATTER OF MATTHEW O. (KENNETH O.)

7416.

103 A.D.3d 67 (2012)

956 N.Y.S.2d 31

2012 NY Slip Op 8666

In the Matter of MATTHEW O. and Others, Infants. KENNETH O. et al., Appellants; COMMISSIONER OF SOCIAL SERVICES, Respondent.

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

Decided December 13, 2012.


Attorney(s) appearing for the Case

John C. Klotz , New York City, for Kenneth O. and another, appellants.

Aleza Ross , Central Islip, for Merlene R., appellant.

Michael A. Cardozo , Corporation Counsel, New York City ( Drake A. Colley and Edward F.X. Hart of counsel), for respondent.

Ellen Winter Mendelson , Upper Nyack, Attorney for the Children Katherine O. and another.

TOM, J.P., RICHTER, ABDUS-SALAAM and ROMÁN, JJ., concur.


OPINION OF THE COURT

CATTERSON, J.

This appeal arises from a Family Court determination that the respondents, the parents and the nanny of a baby girl, Victoria O., abused the infant and derivatively neglected her siblings. The respondents contend that the court's finding was not supported by a preponderance of the evidence even though it is undisputed that Victoria O. suffered seven distinct fractures of her arms, legs and skull before reaching the age...

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