Opinion
December 21, 1995
Appeal from the Family Court, New York County (Mary Bednar, J.).
The evidence established that respondents had abused the child Judy, who had a spiral fracture of her left femur and a fractured left elbow along with other bruises on her face and body. Her injuries were not satisfactorily explained by respondents ( see, Matter of New York City Dept. of Social. Servs. [H. J. Children] v Carmen J., 209 A.D.2d 525) and it was most unlikely that the injuries were caused by the child's three and one-half year old brother applying pressure while she was under a cardboard box ( see, Matter of Kevin R., 193 A.D.2d 351, appeal dismissed 82 N.Y.2d 735).
Since the placement has expired, and the children have been returned to their parents, this Court declines to reach the merits of the arguments with respect to the dispositional orders ( see, Matter of Jorge S., 211 A.D.2d 513, lv denied 85 N.Y.2d 810). Were we to address the merits, we would affirm as the orders were in the best interests of the children.
Concur — Wallach, J.P., Kupferman, Ross, Williams and Tom, JJ.