Opinion
Argued May 1, 1985
Decided June 4, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Beatrice S. Burstein, J.
Edward B. Joachim and Jeffrey S. Lisabeth for appellants.
Edward G. McCabe, County Attorney ( Joshua A. Elkin of counsel), for respondents.
Robert Abrams, Attorney-General ( Michael S. Buskus, Robert Hermann and Peter H. Schiff of counsel), amicus curiae.
MEMORANDUM.
The order of the Appellate Division should be affirmed, without costs.
We agree, for the reasons stated in the opinion of Justice David T. Gibbons ( 103 A.D.2d 524, 530-532; see, Hawley v State of New York, 16 N.Y.2d 809), that defendant County is not vicariously responsible for the injuries inflicted by the foster parents upon plaintiff foster children. The jury's responses to the special interrogatories submitted to it made clear that it found the County liable only vicariously and not for negligent supervision. In that posture of the case it is unnecessary for us to pass upon whether and to what extent a governmental agency may be held liable for such an injury on the theory of negligent supervision of the foster parents' care of the foster children entrusted to them ( see, Bartels v County of Westchester, 76 A.D.2d 517; Doe v New York City Dept. of Social Servs., 709 F.2d 782, cert denied sub nom. Catholic Home Bur. v Doe, 464 U.S. 864).
Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur; Judge TITONE taking no part.
Order affirmed, without costs, in a memorandum.