WYNN v. LITTLE FLOWER CHILDREN'S SERVS.

15276/95, 9200.

106 A.D.3d 64 (2013)

963 N.Y.S.2d 6

2013 NY Slip Op 2156

TERESA WYNN, as Administratrix of the Estate of ELOUISE WYNN SQUIRE, Deceased, et al., Appellants, v. LITTLE FLOWER CHILDREN'S SERVICES, Respondent.

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

Decided March 28, 2013.


Attorney(s) appearing for the Case

Ephrem J. Wertenteil , New York City, for appellants.

Shaub Ahmuty Citrin & Spratt, Lake Success ( Robert M. Ortiz and Christopher C. Simone of counsel), for respondent.

MAZZARELLI, J.P., SAXE, RENWICK and CLARK, JJ., concur.


OPINION OF THE COURT

ACOSTA, J.

We hold that a child care agency that retains legal authority over a child owes the foster parents a duty to take steps to remove the child where it is placed on sufficient notice by the foster parents that the child is a danger to their household and is asked to remove the child. We find, however, that the record in this case presents an issue of fact as to whether the agency was given the requisite notice. Thus, the agency...

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