Opinion
984 CA 19–02156
12-23-2020
Robin HART, as Administrator of the Estate of Eain Clayton Brooks, Deceased, Plaintiff-Respondent, v. COUNTY OF ERIE, Defendant-Appellant, et al., Defendant. (Appeal No. 2.)
MICHAEL A. SIRAGUSA, COUNTY ATTORNEY, BUFFALO (JEREMY C. TOTH OF COUNSEL), FOR DEFENDANT-APPELLANT. CHIACCHIA & FLEMING, LLP, HAMBURG (DANIEL J. CHIACCHIA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
MICHAEL A. SIRAGUSA, COUNTY ATTORNEY, BUFFALO (JEREMY C. TOTH OF COUNSEL), FOR DEFENDANT-APPELLANT.
CHIACCHIA & FLEMING, LLP, HAMBURG (DANIEL J. CHIACCHIA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, NEMOYER, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order insofar as appealed from is unanimously reversed on the law without costs, the motion of defendant County of Erie for summary judgment is granted, and the complaint is dismissed against that defendant. Memorandum: At the age of five, plaintiff's decedent was brutally murdered by his mother's boyfriend (see People v. Kuzdzal , 144 A.D.3d 1618, 1618-1619, 42 N.Y.S.3d 507 [4th Dept. 2016], revd 31 N.Y.3d 478, 80 N.Y.S.3d 189, 105 N.E.3d 328 [2018] ). Plaintiff thereafter commenced this wrongful death action, alleging that the County of Erie (defendant), through its Child Protective Services office, had inadequately investigated multiple prior reports of child abuse and neglect concerning the decedent child. Defendant now appeals from that part of an order that, upon reargument, adhered to the prior decision denying defendant's motion for summary judgment dismissing the complaint against it.
As defendant correctly contends, "New York does not recognize a cause of action sounding in negligent investigation" of child abuse and neglect ( Hines v. City of New York , 142 A.D.3d 586, 587, 37 N.Y.S.3d 136 [2d Dept. 2016] ; see Maldovan v. County of Erie , 188 A.D.3d 1597, 134 N.Y.S.3d 594 [4th Dept. 2020] ). "Moreover, ‘a claim for negligent training in investigative procedures is akin to a claim for negligent investigation or prosecution, which is not actionable in New York’ " ( Juerss v. Millbrook Cent. Sch. Dist. , 161 A.D.3d 967, 968, 77 N.Y.S.3d 674 [2d Dept. 2018], lv denied 32 N.Y.3d 903, 2018 WL 4354822 [2018] ). We therefore reverse the order insofar as appealed from, grant defendant's motion for summary judgment, and dismiss the complaint against it. Defendant's remaining contentions are academic in light of our determination.