MATTER OF JACOB V.

Docket. Nos. NA-15360-1/16, NA-06156/17. Appeal No. 15432-15433. Case No. 2020-03699, 2020-03998.

203 A.D.3d 449 (2022)

160 N.Y.S.3d 598

2022 NY Slip Op 01407

In the Matter of Jacob V. and Others, Infants. Shelly R. et al., Appellants; Adonis V., Respondent; Administration for Children's Services, Respondent.

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

Decided March 3, 2022.


Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York ( Amanda Caitlin Weingarten of counsel), for Shelly R., appellant.

The Law Office of John R. Eyerman, New York ( John R. Eyerman , of counsel), for Erikson P., appellant.

Law Offices of Randall S. Carmel, Jericho ( Randall S. Carmel , of counsel), for Adonis V., respondent.

Georgia M. Pestana , Corporation Counsel, New York ( Deborah E. Wassel of counsel), for ACS, respondent.

Dawne A. Mitchell , The Legal Aid Society, New York ( Polixene Petrakopoulos of counsel), attorney for the children.

Concur—Renwick, J.P., Gesmer, Moulton, Rodriguez, Pitt, JJ.


Petitioner submitted hospital records and expert testimony that showed that two-year-old Jacob presented to the hospital with serious illness resulting from an esophageal perforation and was found to have healing or healed left rib fractures, older healing or healed right rib fractures, thoracic vertebral abnormality, bruising, and a right wrist fracture. The court determined that the medical evidence did not establish that the...

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