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MARK G. v. SABOL

93 N.Y.2d 710 (1999)

717 N.E.2d 1067

695 N.Y.S.2d 730

MARK G. et al., Appellants-Respondents, v. BARBARA J. SABOL, Individually and as Administrator of the New York City Human Resources Administration and as Commissioner of the New York City Department of Social Services, et al., Respondents-Appellants. MARTIN A. et al., Appellants-Respondents, v. BARBARA J. SABOL, Individually and as Administrator of the New York City Human Resources Administration and as Commissioner of the New York City Department of Social Services, et al., Respondents-Appellants. DAKINYA B. et al., Appellants-Respondents, v. BARBARA J. SABOL, Individually and as Administrator of the New York City Human Resources Administration and as Commissioner of the New York City Department of Social Services, et al., Respondents-Appellants. FRANCES F. et al., Appellants-Respondents, v. BARBARA J. SABOL, Individually and as Administrator of the New York City Human Resources Administration and as Commissioner of the New York City Department of Social Services, et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided August 31, 1999.

Attorney(s) appearing for the Case

Debevoise & Plimpton, New York City (Robert Goodman, David W. Rivkin, Leigh R. Schachter and Christopher G. Karagheuzoff of counsel), Mark G. Peters, Rachel H. Park, Shirim Nothenberg and Marcia Robinson Lowry for appellants-respondents.

Michael D. Hess, Corporation Counsel of New York City (Fay Ng and Pamela Seider Dolgow of counsel), for respondents-appellants.

Chief Judge KAYE and Judges BELLACOSA, LEVINE, CIPARICK and WESLEY concur with Judge ROSENBLATT; Judge SMITH concurs in result in a separate opinion.

OPINION OF THE COURT

ROSENBLATT, J.

This appeal involves actions against New York City child welfare officials. Plaintiffs are 11 children (and the estate of a twelfth) from four families. They assert that they were dependent upon defendants' child welfare system and that they suffered abuse or neglect in their homes or foster homes. These actions were originally part of a proposed class action suit seeking...

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