In re Benjamin L.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Buckley, P.J.
This case arises from the death of Kendall B., a three-year-old child who was in the custody of respondents, his foster parents. Kendall had sustained serious burns from scalding water in a bathtub and two days later died from cardiac arrest. Following a fact-finding hearing, Family Court rejected respondents’ version of how Kendall’s burns happened as incredible, discounted respondents’ medical expert, and found that petitioner’s medical experts and a preponderance of the credible evidence supported the theory that Kendall had been intentionally placed or…
2Cases cited7 opinions
- In re Nicole V.New York Court of Appeals · 1987
- Matter of Philip M.New York Court of Appeals · 1993
- Matter of O.New York Court of Appeals · 1975
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- In re Quincy Y.Appellate Division of the Supreme Court of the State of New York · 2000
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