Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the motion of the defendant Graham Windham which were pursuant to CPLR 3211 (a) (7) to dismiss so much of the first and second causes of action as sought to recover damages for that defendant's alleged negligence in the selection of a foster parent and in supervision of a foster home, and pursuant to CPLR 3211 (a) (5) and (7) to dismiss so much of third cause of action...
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