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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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