SIMPSON v. COUNTY OF DUTCHESS


35 A.D.3d 712 (2006)

826 N.Y.S.2d 678

LAVERN SIMPSON et al., Respondents, v. COUNTY OF DUTCHESS et al., Appellants, and LANISHA BUSBY et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 19, 2006.


Ordered that the order is reversed, on the law, with one bill of costs, and the motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against the appellants is granted.

On March 23, 2002 the infant plaintiff was placed in the home of Janie Busby, a foster parent certified by the Dutchess County Department of Social Services (hereinafter DSS). Also residing in the foster home was Lanisha Busby, the foster mother's adult daughter...

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