Ross v. City of New York

Order, Supreme" Court, Bronx County (Paul Victor, J.), entered on or about September 20, 2001, which granted defendants’ motion for *233summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants concede that the motion court’s rationale for dismissal was erroneous, but offer alternative arguments for affirmance of the ordered dismissal, which are properly before us and which we address. Social Services Law § 419 provides that “the removal or keeping of a child pursuant to [that] title” is cloaked in “immunity from any liability, civil or criminal,” and that the…