K. v. K.

OPINION OF THE COURT

Wallace R. Cotton, J.

An investigative report of alleged child abuse conducted by the New York Society for the Prevention of Cruelty to Children, which determines the allegation to be without merit, is not subject to discovery and inspection in a custody proceeding when all information identifying the subjects of the report has been expunged, as mandated by law (Social Services Law § 422 [5]). Nor may the expunged report be resurrected by deposing the investigator as a nonparty witness pursuant to CPLR 3101 (a) (4).

The instant matrimonial action involves, inter alla, a…