In re Christine F.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: In this child abuse proceeding, there was evidence that the infant had sustained a midshaft fracture of the left femur, with no accompanying bruising. A pediatrician testified that the fracture was most likely caused by a direct bending type of trauma to the thigh, and that he could not conceive how the fracture could have occurred accidentally. Although this evidence, if accepted, may have been sufficient to prove a prima facie case of child abuse (see, Family Ct Act § 1046 [a] [ii]), Family Court was not bound to accept the…
2Cited by2 opinions
- In re Anthony YY.Appellate Division of the Supreme Court of the State of New York · 1994
- In re Zachary MM.Appellate Division of the Supreme Court of the State of New York · 2000