Opinion
August 24, 1992
Appeal from the Family Court, Queens County (Lauria, J.).
Ordered that the orders are affirmed, without costs or disbursements.
The evidence presented by the petitioner was sufficient to establish that the infant Antoine was an abused child suffering from "shaken baby syndrome". "Shaken baby syndrome", resulting from an infant being held around the chest and shaken back and forth, and causing, inter alia, subdural collections of blood in the cranial cavity, retinal hemorrhages and fractured ribs, is a medical condition whose signs and causality are generally accepted in the medical field and the state of scientific knowledge is sufficiently developed to permit a reasonable opinion to be asserted (see, Matter of Lou R., 131 Misc.2d 138; Matter of Cholette W., NYLJ, June 6, 1990, at 29, col 4). The evidence further established that the infant Michael had been subjected to excessive corporal punishment by his father. Since Michael's and Antoine's injuries occurred while they were in their mother's custody, the evidence was sufficient to establish a prima facie case of neglect with respect to Michael and also with respect to a third child, Troy (see, Family Ct Act § 1012 [e] [ii]; [f]; § 1046 [a]; see also, Matter of Shawniece E. 110 A.D.2d 900; Matter of Cynthia V., 94 A.D.2d 773). Moreover, in view of the failure of the mother to offer any reasonable explanation for the physical injuries of either Antoine or Michael we are satisfied that findings of abuse and neglect were established upon a preponderance of the credible evidence (see, Family Ct. Act § 1046 [b]).
We have considered the mother's remaining contention and find it to be without merit. Bracken, J.P., Sullivan, Harwood and Lawrence, JJ., concur.