Johnson v Family Support Sys. Unlimited, Inc.
2009 NY Slip Op 04266 [63 AD3d 401]
June 2, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2009


Diane Johnson, an Infant, by Her Mother and Natural Guardian, Takisha Johnson, et al., Appellants,
v
Family Support Systems Unlimited, Inc., Respondent. (And a Third-Party Action.)

[*1] Diamond & Diamond, LLC, New York (Stuart Diamond of counsel), for appellants.

DeCicco, Gibbons & McNamara, P.C., New York (Ankur H. Doshi of counsel), for respondent.

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about September 30, 2008, which, inter alia, granted plaintiffs' motion to reargue an order, same court and Justice, entered August 1, 2007, and, upon reargument, after an in camera inspection, denied discovery of certain of the infant plaintiff's foster care records and granted discovery of others as redacted, unanimously affirmed, without costs.

In identifying the categories of voluminous records as to which disclosure was denied and providing the reasons for its determination, the court substantially complied with the procedures set forth in Wheeler v Commissioner of Social Servs. of City of N.Y. (233 AD2d 4 [1997]). We also agree with the substance of the motion court's discovery determinations. Concur—Gonzalez, P.J., Tom, Sweeny, Buckley and Acosta, JJ.