Nina M. v. Otsego County Social Services Department

White, J. (dissenting). I

respectfully dissent. While not denominated as such, plaintiffs application was one for preaction disclosure under CPLR 3102 (c). In order to obtain this relief, it was incumbent upon plaintiff to demonstrate that she had a prima facie cause of action (see, Matter of Hughes v Witco Corp.-Chemprene Div., 175 AD2d 486, 487). The imposition of this burden upon plaintiff is particularly appropriate in light of the State’s interest in finalizing adoption proceedings so that the parties, and especially the child, can go forward with their lives secure in the certainty that…