| Matter of Nakym S. |
| 2009 NY Slip Op 02453 [60 AD3d 578] |
| March 31, 2009 |
| Appellate Division, First Department |
| In the Matter of Nakym S., a Child Alleged to be Neglected.Kimberly N., Appellant; Administration for Children's Services of the City of New York,Respondent, et al., Respondents. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Tahirih M. Sadrieh of counsel), forAdministration for Children's Services of the City of New York, respondent. Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel, LawGuardian.
Order of disposition, Family Court, Bronx County (Carol A. Stokinger, J.), entered on orabout January 19, 2006, which, to the extent appealed from, after a fact-finding determinationthat respondent mother neglected the subject child, placed the child with the Commissioner ofSocial Services until completion of the next permanency hearing, unanimously affirmed, withoutcosts.
The finding of neglect was established by a preponderance of the evidence (Family Ct Act§ 1046 [b] [i]; see also Nicholsonv Scoppetta, 3 NY3d 357, 368 [2004]). Petitioner satisfied its initial prima facieshowing of neglect by expert medical testimony establishing that the child sustained immersionburns to the buttocks, which were "of such a nature as would ordinarily not be sustained or existexcept by reason of the acts or omissions of the parent" (Family Ct Act § 1046 [a] [ii]).Respondent failed to rebut the presumption of culpability with a credible and reasonableexplanation of how the child suffered the burns and why she did not seek treatment earlier(see Matter of Philip M., 82 NY2d 238, 244-245 [1993]). Furthermore, there exists nobasis to disturb the court's credibility determinations, particularly its decision to credit the [*2]opinion of petitioner's expert over that of respondent's expert (see Matter of Ashanti A., 56 AD3d373 [2008]; Matter of BenjaminL., 9 AD3d 153, 155 [2004]). Concur—Gonzalez, P.J., Tom, Sweeny, Cattersonand Renwick, JJ.