Legal Opinion
Mosher-Simons v. County of Allegany
New York Court of Appeals
Decided December 12, 2002PublishedCited by 53 opinions
1Opinion of the Court
OPINION OF THE COURT
Wesley, J.
Jarrett Eck, the 21/2-year-old son of plaintiff Melissa Jean Mosher-Simons, was fatally beaten by his maternal aunt and temporary custodian, Deborah Mosher. This appeal concerns a claim, brought on Jarrett’s behalf by his mother, that a preplacement home study evaluation was inadequately performed by the County of Allegany. Because the court-ordered home study is an integral part of the judicial process, the County is entitled to judicial immunity. We therefore affirm the order of the Appellate Division dismissing the complaint.
On April 16, 1991, the Allegany…
2Cases cited9 opinions
- Forrester v. WhiteSupreme Court of the United States · 1988
- Briscoe v. LaHueSupreme Court of the United States · 1983
- Antoine v. Byers & Anderson, Inc.Supreme Court of the United States · 1993
- Martin v. City of CohoesNew York Court of Appeals · 1975
- Tango v. TulevechNew York Court of Appeals · 1983
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3Cited by53 opinions
- Sean M. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Erickson v. Cross Ready Mix, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Donald v. StateNew York Court of Appeals · 2011
- Hampton Valley Farms, Inc. v. Flower & MedalieAppellate Division of the Supreme Court of the State of New York · 2007
- Trombley v. O'NeillDistrict Court, N.D. New York · 2013
48 more not listed; retrieve them via the Exa API.