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MATTER OF MICHELLE P.

Docket No. NA-25367/16, NA-11240-19. Appeal No. 15600-15600A-15600B. Case No. 2021-01241.

203 A.D.3d 632 (2022)

166 N.Y.S.3d 16

2022 NY Slip Op 02094

In the Matter of Michelle P. and Another., Children Alleged to be Abused and Neglected. Deja P., Appellant; Administration for Children's Services, Respondent.

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

Decided March 29, 2022.

Attorney(s) appearing for the Case

Steven P. Forbes , Huntington, for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Jeremy Pepper of counsel), for respondent.

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

Concur—Kapnick, J.P., Webber, Friedman, Kennedy, Mendez, JJ.

Petitioner produced credible evidence that, while in the care of both parents, 45-day-old subject child, Michelle P., sustained injuries, including genital injuries and a broken left clavicle, that would not have been sustained absent sexual and physical abuse and otherwise unexplained by respondent parents (see Family Ct Act § 1046[a][ii]; Matter of Philip M., 82 N.Y.2d 238, 243 [1993]). In response, the mother failed...

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