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In the Matter of TAKIA B., a Child Alleged to be Neglected. ANTOINE N. et al., Appellants; ADMINISTRATION FOR CHILDREN'S SERVICES, Respondent.

Proof of abuse of neglect of one child may, in appropriate circumstances, be sufficient to sustain a finding of abuse or neglect of a second child ( see Matter of Kadiatou B., 52 AD3d 388, 389, lv denied 12 NY3d 701). Here, the court properly relied on findings made a few months earlier that the parents neglected and abused their other children, including the fact that their five-month-old son sustained four broken ribs and a fractured clavicle, which the parents did not adequately explain, and the father's admitted beating of his five-year-old son. ACS demonstrated that his conduct was sufficiently proximate in time that it could reasonably be concluded that the condition still exists currently ( see Matter of Cruz, 121 AD2d 901, 902-903).

The parents failed to present evidence sufficient to raise a triable issue of fact concerning an amelioration of the conditions that led to the original finding ( see Matter of Tradale CC, 52 AD3d 900, 901).

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IN RE TAKIA
(May 20, 2010)