MATTER OF MELODY MARIE A.

6602, 6601.

161 A.D.3d 540 (2018)

77 N.Y.S.3d 56

2018 NY Slip Op 03596

In the Matter of Melody Marie A., a Child Alleged to be Neglected. Dana B., Appellant; Administration for Children's Services, Respondent.

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

Decided May 17, 2018.


Petitioner made a prima facie showing of neglect by submitting evidence demonstrating that the injuries sustained by the child would not ordinarily have been sustained except by reason of the acts or omissions of the mother or the child's uncle, who were both responsible for the child's care (see Family Ct Act § 1046 [b] [ii]; Matter of Philip M., 82 N.Y.2d 238, 243 [1993]; Matter of Nyheem E. [Jamila G.],

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