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MOSHER-SIMONS v. ALLEGANY

99 N.Y.2d 214 (2002)

783 N.E.2d 509

753 N.Y.S.2d 444

MELISSA J. MOSHER-SIMONS, Individually and as Administrator of the Estate of JARRETT T. ECK, Deceased, Appellant, v. COUNTY OF ALLEGANY, Respondent.

Court of Appeals of the State of New York.

Decided December 12, 2002.

Attorney(s) appearing for the Case

Law Office of Paul A. Argentieri, Hornell (Paul A. Argentieri and Jennifer L. Donlon of counsel), for appellant.

Colucci & Gallaher, P.C., Buffalo (D. Patrick Gallaher and Todd C. Bushway of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

WESLEY, J.

Jarrett Eck, the 2½-year-old son of plaintiff Melissa Jean Mosher-Simons, was fatally beaten by his maternal aunt and temporary custodian, Deborah Mosher. This appeal concerns a claim, brought on Jarrett's behalf by his mother, that a preplacement home study evaluation was inadequately performed by the County of Allegany. Because the court-ordered home study is an integral...

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