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MATTER OF ISAAC C.

5775. 5774.

158 A.D.3d 556 (2018)

68 N.Y.S.3d 730

2018 NY Slip Op 01244

In the Matter of ISAAC C., a Child Alleged to be Abused. COMMISSIONER OF SOCIAL SERVICES OF THE CITY OF NEW YORK, Appellant; CRISTINA C. et al., Respondents, et al., Respondents.

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

Decided February 22, 2018.

Respondents rebutted petitioner agency's prima facie showing of abuse (see Family Ct Act § 1046 [a] [ii]); they demonstrated that the five-month-old nonambulatory child's symptoms were consistent with an underlying medical condition — namely, bone fragility due to rickets and severe Vitamin D deficiency (see Matter of Philip M., 82 N.Y.2d 238, 244-245 [1993]). There...

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