| Matter of Jacob B. (Rachel B.) |
| 2010 NY Slip Op 07753 [77 AD3d 936] |
| October 26, 2010 |
| Appellate Division, Second Department |
| In the Matter of Jacob B. Suffolk County Department of SocialServices, Respondent; Rachel B., Appellant. (Proceeding No. 1.) In the Matter of Joseph B.Suffolk County Department of Social Services, Respondent; Rachel B., Appellant. (ProceedingNo. 2.) In the Matter of Dylan L. Suffolk County Department of Social Services, Respondent;Rachel B., Appellant. (Proceeding No. 3.) |
—[*1] Christine Malafi, County Attorney, Central Islip, N.Y. (James G. Bernet of counsel), forrespondent. Steven Flaumenhaft, West Sayville, N.Y., attorney for the children Jacob B. and Joseph B. Robert C. Mitchell, Riverhead, N.Y. (Diane B. Groom of counsel), attorney for the childDylan L.
In three related child protective proceedings pursuant to Family Court Act article 10, themother appeals, as limited by her brief, from so much of an order of fact-finding and dispositionof the Family Court, Suffolk County (Tarantino, J.), dated June 23, 2009, as, after a fact-findingand dispositional hearing, found that she abused the child Jacob B. and neglected the childrenDylan L. and Joseph B., placed the children in the custody of the Suffolk County Department ofSocial Services pending a permanency hearing, and placed her under the supervision of theSuffolk County Department of Social Services pursuant to enumerated terms and conditions.
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The petitioner's medical expert testified that there was no evidence that the child Jacob B.suffered from a bone disease, and opined that the child's multiple fractures were intentionallyinflicted. [*2]Moreover, the record reflects that Jacob was in themother's care when he suffered the fractures. Accordingly, the petitioner established a prima faciecase of child abuse, and the burden shifted to the mother to rebut the evidence of parentalculpability (see Family Ct Act § 1046 [a] [ii]; Matter of Philip M., 82NY2d 238, 244 [1993]; Matter ofArianna L., 55 AD3d 733 [2008]; Matter of Commissioner of Social Servs. of Cityof N.Y. v Hyacinth L., 210 AD2d 329, 330-331 [1994]). The mother, however, failed toprovide a reasonable and adequate explanation for the injuries (see Matter of Arianna L.,55 AD3d at 733; Matter of VivianOO., 34 AD3d 1111, 1113 [2006]). The record fully supports the Family Court'sdetermination that her testimony was incredible (see Matter of Arianna L., 55 AD3d at733; Matter of Steven Glenn R., 51AD3d 802, 803 [2008]).
The Family Court's findings of neglect with respect to Dylan L. and Joseph B. are similarlysupported by the record (see Matter ofJesus M., 20 AD3d 479, 480 [2005]). Accordingly, there is no basis to disturb theFamily Court's findings or its determination to place the children in the custody of the SuffolkCounty Department of Social Services (hereinafter the DSS) pending a permanency hearing, andto place the mother under the supervision of the DSS pursuant to enumerated terms andconditions. Rivera, J.P., Dickerson, Eng and Austin, JJ., concur.