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Biondo v. Ossining Union Free School Dist – Case Brief Summary (New York)

In Biondo v. Ossining Union Free School Dist.,(66 AD3d 725, 888 NYS2d 75 [2d Dept 2009]), the Appellate Division affirmed the denial of defendants' motion to dismiss the complaint based upon the immunity granted pursuant to Social Service Law § 419, finding that there were issues of fact regarding whether defendants had reasonable cause to report suspected child abuse, ultimately deemed unfounded by Child Protective Services.

In Biondo, a school district employee reported suspected abuse when she observed the mother slap her son's hand so hard it left a red mark.

Further, the employee claimed that the mother seemed irritable and angry and was physically aggressive with her son during the class.