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In the Matter of MARQUISE W. (Anonymous), and HUGH B. (Anonymous). COMMISSIONER OF THE ADMINISTRATION FOR CHILDREN'S SERVICES OF THE CITY OF NEW YORK, appellant; HEATHER W. (Anonymous), et al., respondents.

DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

The appellant commenced separate proceedings pursuant to Family Court Act article 10, one as to each child, alleging that the parents abused and neglected the child Marquise W., and derivatively neglected the child Hugh B., respectively. The evidence that the child Marquise W. had suffered severe and debilitating injuries consistent with "shaken baby syndrome" constituted prima facie proof of child abuse and neglect (see,Family Court Act § 1012 Fam. Ct. Act[e][i]; [f][i][B]; § 1046 Fam. Ct. Act[a][ii]; see also, Matter of Brandon C., 247 A.D.2d 380 ;Ashanti R. v. Felicia R., 215 A.D.2d 671 ; Matter of Antoine J., 185 A.D.2d 925 ; Matter of Lou R., 131 Misc.2d 138 ). However, under the facts of this case, the evidence presented by the parents, which was credited by the Family Court, was sufficient to rebut the presumption that they were responsible for the child's injuries (see,Matter of Philip M., 82 N.Y.2d 238 ). Accordingly, the Family Court properly dismissed the petitions.

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MATTER OF MARQUISE W
(Feb 10, 2000)