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In Re Autumn P.

New York Supreme and/or Appellate Courts Appellate Division, First Department


March 8, 2012

IN RE AUTUMN P., A CHILD UNDER THE AGE OF EIGHTEEN YEARS, ETC., AND JUSTIN P., RESPONDENT-APPELLANT, ADMINISTRATION FOR CHILDREN'S SERVICES, PETITIONER-RESPONDENT.

Matter of Matter of Autumn P. (Justin P.)

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 8, 2012

Tom, J.P., Andrias, Catterson, Moskowitz, Roman, JJ.

Order of disposition, Family Court, New York County (Rhoda J. Cohen, J.), entered on or about February 16, 2011, which, inter alia, upon a fact-finding determination that respondent father neglected and abused the subject child, placed the child in the custody and guardianship of the Commissioner of Social Services until completion of the next scheduled permanency hearing, unanimously affirmed, without costs.

The findings that the father neglected and abused his daughter were supported by a preponderance of the evidence (see Family Court Act § 1012[e],[f]; § 1046[b][i]). The medical evidence showed that the six-month old infant had sustained three leg fractures, a subdural hematoma and a cut to her mouth. The parents offered no explanation for the majority of the injuries. Petitioner demonstrated that the child's pattern of serious and unexplained injuries would ordinarily not occur absent acts or omissions of the parents, and that the father was the child's primary caretaker when the injuries occurred (see Matter of Philip M., 82 NY2d 238, 243-244 [1993]).

We have considered the father's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 8, 2012

CLERK

20120308

© 1992-2012 VersusLaw Inc.



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