K. v. K.


126 Misc.2d 624 (1984)

K., Plaintiff, v. K., Defendant.

Supreme Court, Special Term, New York County.

December 4, 1984


Attorney(s) appearing for the Case

David A. Goldstein for plaintiff. Reavis & McGrath (Judith B. Yaeger of counsel), for defendant. Robert Abrams, Attorney-General (Robert J. Shack of counsel), for New York State Department of Social Services. Ann Reiniger for New York Society for Prevention of Cruelty to Children.


WALLACE R. COTTON, J.

An investigative report of alleged child abuse conducted by the New York Society for the Prevention of Cruelty to Children, which determines the allegation to be without merit, is not subject to discovery and inspection in a custody proceeding when all information identifying the subjects of the report has been expunged, as mandated by law (Social Services Law § 422 [5]). Nor may the expunged report be resurrected by deposing...

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