The Second Department in Matter of Justin P., 50 AD3d 802, 856 N.Y.S.2d 177 (2nd Dept. 2008) upheld the appropriateness of entering a finding via summary judgement in a child protective proceeding based on the submission of the respondent's sworn admission in conjunction with other evidence and where the respondent failed to demonstrate a triable issue of fact. In Justin P., the Appellate Division found that ACS, moving for summary judgement in a child protective proceeding, established prima facie entitlement to judgment as matter of law, that mother abused, neglected and /or derivatively neglected her children by tendering sworn testimony of the mother and medical examiner's report of the autopsy of the sibling of the subject children.