Opinion
Argued October 18, 1999
February 10, 2000
In child protective proceedings pursuant to Family Court Act article 10, the Commissioner of the Administration for Children's Services of the City of New York appeals from an order of the Family Court, Queens County (DePhillips, J.), dated January 28, 1999, which, after a hearing, dismissed the petitions.
Michael D. Hess, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Marta Soja of counsel), for appellant.
B. Joseph Barrett, New York, N.Y. (Alfredo Johannes of counsel), for respondents.
Monica Drinane, New York, N.Y. (Marcia Egger of counsel), Law Guardian for the children.
LAWRENCE J. BRACKEN, J.P. WILLIAM C. THOMPSON, SONDRA MILLER and WILLIAM D. FRIEDMANN, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
The appellant commenced separate proceedings pursuant to Family Court Act article 10, one as to each child, alleging that the parents abused and neglected the child Marquise W., and derivatively neglected the child Hugh B., respectively. The evidence that the child Marquise W. had suffered severe and debilitating injuries consistent with "shaken baby syndrome" constituted prima facie proof of child abuse and neglect (see, Family Court Act § 1012 Fam. Ct. Act[e][i]; [f][i][B]; § 1046 Fam. Ct. Act[a][ii]; see also, Matter of Brandon C., 247 A.D.2d 380 ;Ashanti R. v. Felicia R., 215 A.D.2d 671 ; Matter of Antoine J., 185 A.D.2d 925 ; Matter of Lou R., 131 Misc.2d 138 ). However, under the facts of this case, the evidence presented by the parents, which was credited by the Family Court, was sufficient to rebut the presumption that they were responsible for the child's injuries (see,Matter of Philip M., 82 N.Y.2d 238 ). Accordingly, the Family Court properly dismissed the petitions.