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LILLIAN C. v. ADMINISTRATION FOR CHILDREN'S SERVICES

48 A.D.3d 316 (2008)

852 N.Y.S.2d 86

LILLIAN C., an Infant, by Her Mother and Legal Guardian, CHONG HUI C., et al., Respondents, v. ADMINISTRATION FOR CHILDREN'S SERVICES et al., Appellants, et al., Defendants.

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

Decided February 21, 2008.

The record contains no evidence of willful misconduct or gross negligence, which is required to overcome the statutory presumption that the Administration for Children's Services (ACS) and the City acted in good faith in the investigation into the allegations of abuse in 2001 concerning the infant plaintiff and in the filing of the petition seeking the child's temporary removal from the...

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