In determining claims of municipal liability, a court must first determine if "the municipality was engaged in a proprietary function or acted in a governmental capacity (see Applewhite v Accuhealth, Inc., 21 N.Y.3d 420, 425 [2013] ; Preaster v City of Syracuse, 160 A.D.3d 1423, 1423 [4th Dept 2018], lv denied 32 N.Y.3d 902 [2018])." (Maldovan v. Cnty. of Erie, 188 A.D.3d 1597, 1598 [4th Dept. 2020], aff'd, 39 N.Y.3d 1166 [2022].)
When a negligence claim is asserted against a municipality, the court must first determine whether the municipality was engaged in a proprietary function or acted in a governmental capacity (seeApplewhite v. Accuhealth, Inc. , 21 N.Y.3d 420, 425, 972 N.Y.S.2d 169, 995 N.E.2d 131 [2013] ; Preaster v. City of Syracuse , 160 A.D.3d 1423, 1423, 75 N.Y.S.3d 727 [4th Dept. 2018], lv denied 32 N.Y.3d 902, 2018 WL 4259039 [2018] ). Here, there is no dispute that the County, through the actions of CPS and APS, was acting in a governmental capacity (seeApplewhite , 21 N.Y.3d at 425, 972 N.Y.S.2d 169, 995 N.E.2d 131 ).
Turturro v. City of New York , 28 NY3d 469, 479 (2016) ; Applewhite v. Accuhealth, Inc. , 21 NY3d 420, 425 (2013) ; Heeran v. Long Is. Power Auth. (LIPA) , 141 AD3d 561, 563 (2d Dept. 2016). See , Santaiti v. Town of Ramapo , 162 AD3d 921 (2d Dept. 2018) (town's discretionary decision to allow a former police officer to retain his handgun without a license after being accused of assaulting his wife and threatening her life, involved a government function); Preaster v. City of Syracuse , 160 AD3d 1423 (4th Dept. 2018) (repairing fire hydrants for the public good is a government function); Santoro v. City of New York , 17 AD3d 563 (2d Dept. 2005) (alleged failure to properly direct traffic at scene of accident was a governmental function). An action is "ministerial" when it "involves obedience to instructions or laws instead of discretion, judgment, or skill."