From Casetext: Smarter Legal Research

Krueger v. Louise Wise Services

Appellate Division of the Supreme Court of New York, Second Department
Oct 3, 1988
143 A.D.2d 641 (N.Y. App. Div. 1988)

Opinion

October 3, 1988

Appeal from the Supreme Court, Suffolk County (Orgera, J.).


Ordered that the appeal from the order dated August 27, 1986, is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order dated May 30, 1986, is affirmed, without cost or disbursements.

Social Services Law § 372 (3) authorizes an inspection of the records of an authorized child care agency only upon the application of a parent, relative, legal guardian or authorized agency. The plaintiffs in the instant matter do not fall within any of these categories. Therefore, they lack standing to obtain such discovery and their motion was properly denied (see, Matter of Department of Juvenile Justice v George, 111 Misc.2d 19, 20; Matter of Wasserstein v Warwick State Training School for Boys, 54 Misc.2d 948; Matter of Wade v Wade, 33 Misc.2d 212, 214). Social Services Law § 372 (4), upon which the plaintiffs predicate their motion, refers only to the records maintained by the Department of Social Services. Our determination herein is made without prejudice to any application which may be made to review the records of the Department of Social Services.

The branch of the plaintiffs' motion which sought a further examination of the defendant by certain named individuals was also properly denied. The plaintiffs have failed to adequately demonstrate the necessity of a further deposition. Mangano, J.P., Thompson, Brown and Sullivan, JJ., concur.


Summaries of

Krueger v. Louise Wise Services

Appellate Division of the Supreme Court of New York, Second Department
Oct 3, 1988
143 A.D.2d 641 (N.Y. App. Div. 1988)
Case details for

Krueger v. Louise Wise Services

Case Details

Full title:WAYNE KRUEGER et al., Appellants, v. LOUISE WISE SERVICES, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 3, 1988

Citations

143 A.D.2d 641 (N.Y. App. Div. 1988)

Citing Cases

K.M. v. Mobley

A foster care agency is required by Social Services Law § 372 (1) to provide and keep an extensive record of…