Mosher-Simons v. County of Allegany

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of defendant’s mo*824tion seeking summary judgment dismissing the complaint insofar as it alleged that defendant was negligent in placing plaintiffs decedent, two-year-old Jarrett Thomas Eck, in the care and custody of Deborah L. Mosher, his maternal aunt. Mosher was convicted of manslaughter in the second degree in connection with the death of Jarrett, which occurred within weeks of his placement with her (People v Mosher, 222 AD2d…