11242-11243. IN RE RADAMES S., AND OTHERS, CHILDREN UNDER EIGHTEEN YEARS OF AGE, ETC., MARIA I., res-ap, MILKA F., res, ADMINISTRATION FOR CHILDREN’S SERVICES, pet-res — The Bronx Defenders, Bronx (Mary Anne Mendenhall of counsel), and Freshfields Bruckhaus Deringer US LLP, New York (Erik J. Lindemann of counsel), for ap — Michael A. Cardozo, Corporation Counsel, New York (Susan P. Greenberg of counsel), for res — TAMARA A. STECKLER, THE LEGAL AID SOCIETY, NEW YORK (CLAIRE v. MERKINE OF COUNSEL), ATTORNEY FOR THE CHILDREN.— Order of disposition, Family Court, Bronx County (Carol R. Sherman, J.), entered on or about October 17, 2012, which, upon a fact-finding determination that respondent mother abused her daughter and derivatively neglected the child’s two siblings, released the children to respondent’s care with 12 months of supervision by petitioner Administration for Children’s Services, unanimously affirmed, insofar as it brings up for review the fact-finding determination, and the appeal therefrom otherwise dismissed as moot, without costs. Appeal from fact-finding order, same court and Judge, entered on or about April 20, 2012, unanimously dismissed, without costs, as superseded by the appeal from the order of disposition.
The determination that respondent abused her eight-month-old nonambulatory daughter is supported by a preponderance of the evidence, including the undisputed fact that the child sustained three separate injuries — two skull fractures and a fracture of the humerus — that ordinarily would not have occurred absent acts or omissions of respondent and her mother, who were the child’s only caretakers (see Family Court Act §1046[a][ii], [b][I]; Matter of Philip M., 82 NY2d 238, 243-244 [1993]; Matter of Matthew O. [Kenneth O.], 103 AD3d 67, 72-73 [1st Dept 2012]).
