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IN RE SAMUEL

Appellate Division of the Supreme Court of New York, First Department.
Jun 24, 2008
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A prima facie showing of abuse was made out with medical testimony that the five-month-old child was brought to the hospital with injuries, including a bulging fontanel, bilateral subdural hematoma, skull fracture, and retinal hemorrhages, that were of such a nature as not to be accidental or sustained less than a few days, and more likely a few weeks, before the child was seen (Family Ct Act § 1012 [e] [i]; § 1046 [a] [ii]). Respondent, who presented no medical evidence of her own, offered explanations for these injuries that were inconsistent with this medical testimony and otherwise not plausible, and thus failed to rebut the presumption of culpability ( see Matter of Sara B., 41 AD3d 170). No basis exists to disturb Family Court's findings of credibility ( see id.).