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.

New York Appellate Division Case Brief Child Abuse Child Protective Services Complaint Dismiss Employee Immunity Motion to Dismiss Motions Reasonable Cause School Social Service

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