Majority
p. 1041In the Matter of Christine B., a Child Alleged to be Abused and/or Neglected. Delphine B. et al., Appellants; Erie County Department of Social Services, Respondent. [614 NYS2d 961]
—Order unanimously affirmed without costs. Memorandum: Although the court should not have drawn an inference against respondents from their failure to call the paternal grandmother as a witness in the absence of a request to do so and a proper showing (see, People v Fields, 76 NY2d 761 , 763), reversal is not warranted. The expert testimony supports the court’s conclusion that a prima facie case of abuse was proved (see, Family Ct Act § 1046 [a] [ii]), and that respondents failed to provide a reasonable alternative explanation for the infant’s injuries. (Appeals from Order of Erie County Family Court, O’Donnell, J.—Abuse and Neglect.) Present—Green, J. P., Pine, Balio, Fallon and Doerr, JJ.