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Johnson v. Family Support Systems Unlimited

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


June 2, 2009

DIANE JOHNSON, ETC., ET AL., PLAINTIFFS-APPELLANTS,
v.
FAMILY SUPPORT SYSTEMS UNLIMITED, INC., DEFENDANT-RESPONDENT. [AND A THIRD-PARTY ACTION]

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about September 30, 2008, which, inter alia, granted plaintiffs' motion to reargue an order, same court and Justice, entered August 1, 2007, and, upon reargument, after an in camera inspection, denied discovery of certain of the infant plaintiff's foster care records and granted discovery of others as redacted, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Tom, Sweeny, Buckley, Acosta, JJ.

24965/99

In identifying the categories of voluminous records as to which disclosure was denied and providing the reasons for its determination, the court substantially complied with the procedures set forth in Wheeler v Commissioner of Social Servs. of City of N.Y. (233 AD2d 4 [1997]). We also agree with the substance of the motion court's discovery determinations.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090602

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