Livingston County Department of Social Services v. Kimberly M.

Order unanimously affirmed without costs. Memorandum: Petitioner commenced this proceeding pursuant to Family Court Act article 10 alleging, inter alia, that respondent’s son is an *903abused child (see, Family Ct Act § 1012 [e] [i], [ii]), based upon an incident in which the son sustained bruises to his leg and forehead. At the conclusion of the fact-finding hearing, petitioner requested that Family Court find, in the alternative, that respondent’s son is a neglected child (see, Family Ct Act § 1012 [fl [i]) based upon the same incident (see, Family Ct Act § 1051 [b]). The court, however,…