DIANA G-D v. BEDFORD SCHOOL

5438/2007

33 Misc.3d 970 (2011)

932 N.Y.S.2d 316

2011 NY Slip Op 21372

DIANA G-D, an Infant by Her Mother and Natural Guardian, ANN D., Plaintiff, v. BEDFORD CENTRAL SCHOOL DISTRICT et al., Defendants. VICTORIA GRABOSKI, Third-Party Plaintiff, v. CESAR JOEL SAGASTUME MORALES, Third-Party Defendant. BEDFORD CENTRAL SCHOOL DISTRICT, Second Third-Party Plaintiff, v. CESAR JOEL SAGASTUME MORALES, Second Third-Party Defendant.

Supreme Court, Westchester County.

Decided October 21, 2011.


Attorney(s) appearing for the Case

Charlene M. Indelicato , County Attorney, White Plains, for Department of Social Services. Finkelstein & Partners, LLP, Newburgh, for plaintiff. O'Connor, McGuinness, Conte, Doyle & Oleson, White Plains, for Bedford Central School District, defendant and second third-party plaintiff. Henderson & Brennan, White Plains, for Victoria Graboski, defendant and third-party plaintiff. Ahmuty, Demers & McManus, Hopewell Junction, for Kelly Cieslinski-Schleuter, defendant. George Echevarria , Ossining, for Ann D. Cesar Joel Sagastume Morales, third-party defendant and second third-party defendant pro se.


OPINION OF THE COURT

WILLIAM J. GIACOMO, J.

Factual and Procedural Background

In 2005 Diana G-D started third grade at the Bedford Hills Elementary School in Bedford, New York. At that time, she lived in a home with her mother, Ann D., her two-year-old stepbrother E. and her stepfather defendant Cesar Joel Sagastume Morales.2 At the beginning of third grade Diana G-D was quiet and shy as observed by her teachers...

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