MATTER OF NI'KIA C.

12750, 12749.

118 A.D.3d 515 (2014)

988 N.Y.S.2d 35

2014 NY Slip Op 4250

In the Matter of NI'KIA C. and Another, Children Alleged to be Abused and/or Neglected. DOMINIQUE J., Appellant; COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

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

Decided June 12, 2014.


The finding of abuse was supported by a preponderance of the evidence (Family Ct Act § 1046 [b] [i]). Petitioner made a prima facie showing that a transverse fracture of the femur, such as the one sustained by the 16-month-old subject boy, would ordinarily not have been sustained except by reason of a caretaker's acts or omissions, and that respondent was the child's caretaker at the time the injury occurred (see Matter of Philip M., 82 N.Y.2d...

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