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MATTER OF MARGARET M.

284 A.D.2d 257 (2001)

726 N.Y.S.2d 559

In the Matter of MARGARET M., a Child Alleged to be Neglected and/or Abused. DONNA W., Appellant; COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES OF THE CITY OF NEW YORK, Respondent. In the Matter of FRANK M., Respondent, v. DONNA W., Appellant.

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

Decided June 26, 2001.

A preponderance of the evidence supports the finding that the child's bruises were respondent's fault (see, Matter of Philip M., 82 N.Y.2d 238, 243-245). Respondent's explanation for such bruises was utterly speculative. While Family Court's decision to release the child to the custody of the nonrespondent father and to permit respondent only supervised visitation was a provident exercise of discretion, we modify the disposition...

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