MATTER OF CHRISTOPHER

Appellant's abuse of the children was established by evidence that her three-month-old child sustained multiple fractures to the arm and ribs while in her care and custody, and her failure to offer a satisfactory explanation as to how the injuries happened and why she never sought treatment for the earlier rib injuries ( see, Matter of Vincent M., 193 A.D.2d 398, 402). There is no evidence of mitigating circumstances that would warrant a finding of neglect rather than abuse ( cf., supra).

Concur — Wallach, J.P., Kupferman, Ross, Nardelli and Tom, JJ.