IN RE: SAMUEL L.

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Supreme Court, Appellate Division, First Department, New York.

IN RE: SAMUEL L., and Others, Dependent Children Under the Age of Eighteen Years, etc., Christopher S., Respondent, Jennifer F., Respondent-Appellant, Administration for Children's Services, Petitioner-Respondent.

Decided: June 24, 2008

LIPPMAN, P.J., TOM, GONZALEZ, BUCKLEY, CATTERSON, JJ. Julian A. Hertz, Larchmont, for appellant. Michael A. Cardozo, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for ACS, respondent. Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), Law Guardian.

Order of disposition, Family Court, Bronx County (Douglas E. Hoffman, J.), entered on or about April 23, 2007, placing the subject children in the custody of the Commissioner of Social Services upon a fact-finding determination that respondent-appellant abused one of the children and derivatively neglected the other children, unanimously affirmed, without costs.

 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 A.D.3d 170, 838 N.Y.S.2d 49 [2007] ).   No basis exists to disturb Family Court's findings of credibility (see id.).