In re Tony B.

Appeal from an order of the Family Court, Erie County (Patricia A. Maxwell, J.), entered July 28, 2006 in a proceeding pursuant to Family Court Act article 10. The order dismissed the petition.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Contrary to the Law Guardian’s contention, Family Court properly granted the motion of respondents seeking dismissal of the petition charging them with abusing a three-month-old child who had sustained a fractured skull. Family Court Act § 1012 (e) (i) defines an abused child in…