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In the Matter of Ilene M

Appellate Division of the Supreme Court of New York, First Department
Jun 2, 2005
19 A.D.3d 106 (N.Y. App. Div. 2005)

Opinion

6221, 6222, 6222A, 6222B.

June 2, 2005.

Orders of disposition, Family Court, Bronx County (Jane Pearl, J.), entered on or about July 16, 2002, which, after a fact-finding determination that respondent parents had physically abused and neglected the children, placed the children with petitioner, unanimously affirmed, without costs.

Dora M. Lassinger, East Rockaway, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Ronald E. Sternberg of counsel), for Commissioner of the Administration for Children's Services, respondent.

Steven Banks, The Legal Aid Society, New York (Eva Pappadopoulos of counsel), Law Guardian.

Before: Buckley, P.J., Tom, Mazzarelli, Ellerin and Gonzalez, JJ.


The findings of abuse and derivative abuse were supported by the requisite preponderance of the evidence (Family Ct Act § 1046 [b]). The court's evaluation of the evidence and the witnesses' credibility is clearly supported by the record and will not be disturbed ( see Matter of Kathleen OO., 232 AD2d 784). In less than a two-month period of time, both of respondent mother's nine-month-old twin boys suffered a fractured limb. The medical findings were that these injuries could not have been sustained except by reason of the acts or omissions by the person responsible for the children's care. Respondent mother failed to sustain her burden of offering a satisfactory explanation for the injuries ( see Matter of Kevin R., 193 AD2d 351, 352, appeal dismissed 82 NY2d 735).

The weight of credible evidence before the court at the dispositional hearing supported its determination that the children's best interests demanded they be placed with petitioner for up to 12 months ( see Matter of F. Children, 271 AD2d 249).


Summaries of

In the Matter of Ilene M

Appellate Division of the Supreme Court of New York, First Department
Jun 2, 2005
19 A.D.3d 106 (N.Y. App. Div. 2005)
Case details for

In the Matter of Ilene M

Case Details

Full title:In the Matter of ILENE M. and Others, Children Alleged to be Abused and/or…

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

Date published: Jun 2, 2005

Citations

19 A.D.3d 106 (N.Y. App. Div. 2005)
796 N.Y.S.2d 87

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