Duarte v. Suffolk County

Goldstein, J.,

dissents, and votes to reverse the order appealed from, as a matter of discretion, with costs, to grant the application, and to deem the proposed notice of claim served, with the following memorandum: The petitioners, a young boy *853and his mother, claim that the respondents were negligent in the administration of their foster care program, thus permitting the sexual abuse of the five-year-old infant petitioner in December 1993, while he was in foster care and his mother was incarcerated. When the mother learned of the sexual abuse, she wrote to the respondents urging them to…