On January 23, 2018 a
Order
was filed
involving a dispute between
Janet Vega
As Mother And Natural Guardian Of F. R., An Infant, And Janet Vega, Individually,
and
Jewish Child Care Association Of New York,
Sco Family Of Services,
The City Of New York,
The New York City Administration For Children'S Services,
for Torts - Other Negligence (Foster Care Abuse)
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 01/14/2021 01:10 PM INDEX NO. 154880/2018
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 01/14/2021
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. PAUL A. GOETZ PART IAS MOTION 47EFM
Justice
---------------------------------------------------------------------------------X
INDEX NO. 154880/2018
JANET VEGA,
MOTION DATE
Plaintiff,
MOTION SEQ. NO. 002
-v-
THE CITY OF NEW YORK, THE NEW YORK CITY
ADMINISTRATION FOR CHILDREN'S SERVICES, SCO
FAMILY OF SERVICES, JEWISH CHILD CARE DECISION + ORDER ON
ASSOCIATION OF NEW YORK MOTION
Defendants.
---------------------------------------------------------------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 002) 31, 32, 33, 34, 35,
36, 37, 40, 42
were read on this motion to/for MISCELLANEOUS .
On January 14, 2021 a status conference was held to resolve this motion. The
appearances of counsel were as follows: Daniel Robinson for plaintiff; Robert Delmond for
defendants City of New York, ACS and SCO Family of Services; Brandon Berkowski for
defendant Jewish Child Care Association of New York.
Plaintiff is entitled to case records relating to FR but the case records must be submitted
for in camera review and appropriate redactions made (i.e. references to other children) prior to
production to plaintiff in order to preserve confidentiality, per Social Services Law 372. KB v.
SCO Family of Service, 159 A.D.3d 416 (1st Dep’t 2018); Llorente v. City, 38 A.D.3d 617 (2d
Dep’t 2007); KM v. Mobley, 51 Misc.3d 1207(A), at 2-3 (Sup. Ct. Kings Cty. 2016). In addition,
defendants have not demonstrated that the incident reports prepared pursuant to Social Services
Law 492 and 493 are not subject to disclosure pursuant to New York Education Law 6527 or
154880/2018 VEGA, JANET vs. CITY OF NEW YORK Page 1 of 2
Motion No. 002
1 of 2
FILED: NEW YORK COUNTY CLERK 01/14/2021 01:10 PM INDEX NO. 154880/2018
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 01/14/2021
Mental Hygiene Law 29.29 Accordingly, the reports must also be submitted for in camera review
prior to production.
Defendants shall submit these records for in camera review within 45 days by email to
vzolotar@nycourts.gov. Upon review, the court will order the redaction and production of these
records.
The next settlement/compliance conference will be on April 9, 2021 at 10:00 a.m.
1/14/2021
DATE PAUL A. GOETZ, J.S.C.
CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION
GRANTED DENIED X GRANTED IN PART OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
154880/2018 VEGA, JANET vs. CITY OF NEW YORK Page 2 of 2
Motion No. 002
2 of 2
Document Filed Date
January 14, 2021
Case Filing Date
January 23, 2018
Category
Torts - Other Negligence (Foster Care Abuse)
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FILED: NEW YORK COUNTY CLERK 01/14/2021 01:10 PM INDEX NO. 154880/2018 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 01/14/2021 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. PAUL A. GOETZ PART IAS MOTION 47EFM Justice ---------------------------------------------------------------------------------X INDEX NO. 154880/2018 JANET VEGA, MOTION DATE Plaintiff, MOTION SEQ. NO. 002 -v- THE CITY OF NEW YORK, THE NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES, SCO FAMILY OF SERVICES, JEWISH CHILD CARE DECISION + ORDER ON ASSOCIATION OF NEW YORK MOTION Defendants. ---------------------------------------------------------------------------------X The following e-filed documents, listed by NYSCEF document number (Motion 002) 31, 32, 33, 34, 35, 36, 37, 40, 42 were read on this motion to/for MISCELLANEOUS . On January 14, 2021 a status conference was held to resolve this motion. The appearances of counsel were as follows: Daniel Robinson for plaintiff; Robert Delmond for defendants City of New York, ACS and SCO Family of Services; Brandon Berkowski for defendant Jewish Child Care Association of New York. Plaintiff is entitled to case records relating to FR but the case records must be submitted for in camera review and appropriate redactions made (i.e. references to other children) prior to production to plaintiff in order to preserve confidentiality, per Social Services Law 372. KB v. SCO Family of Service, 159 A.D.3d 416 (1st Dep’t 2018); Llorente v. City, 38 A.D.3d 617 (2d Dep’t 2007); KM v. Mobley, 51 Misc.3d 1207(A), at 2-3 (Sup. Ct. Kings Cty. 2016). In addition, defendants have not demonstrated that the incident reports prepared pursuant to Social Services Law 492 and 493 are not subject to disclosure pursuant to New York Education Law 6527 or 154880/2018 VEGA, JANET vs. CITY OF NEW YORK Page 1 of 2 Motion No. 002 1 of 2 FILED: NEW YORK COUNTY CLERK 01/14/2021 01:10 PM INDEX NO. 154880/2018 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 01/14/2021 Mental Hygiene Law 29.29 Accordingly, the reports must also be submitted for in camera review prior to production. Defendants shall submit these records for in camera review within 45 days by email to vzolotar@nycourts.gov. Upon review, the court will order the redaction and production of these records. The next settlement/compliance conference will be on April 9, 2021 at 10:00 a.m. 1/14/2021 DATE PAUL A. GOETZ, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION GRANTED DENIED X GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE 154880/2018 VEGA, JANET vs. CITY OF NEW YORK Page 2 of 2 Motion No. 002 2 of 2