| Matter of Nicholas B. |
| 2004 NY Slip Op 05149 [8 AD3d 108] |
| June 15, 2004 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Nicholas B., a Child Alleged to be Abused. Norma B., Appellant; Administration for Children's Services, Respondent. |
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Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or about November 13, 2001, which, upon a finding of abuse, released the subject child to the care and custody of the mother with supervision by the Administration for Children's Services for a period of 12 months, unanimously affirmed, without costs.
According the Family Court's findings, particularly those as to witness credibility, the deference they are due (Matter of Irene O., 38 NY2d 776 [1975]), we see no reason to disturb the court's finding that respondent was with the child at the time the child sustained his injury and failed to offer a reasonable explanation for said injury, and that the injury could not have reasonably occurred accidentally (Matter of Philip M., 82 NY2d 238 [1993]). Concur—Mazzarelli, J.P., Andrias, Sullivan, Lerner and Gonzalez, JJ.