Appellate Division of the Supreme Court of the State of New York December 6, 2011 (Gotlin v. City of New York)

*606In 2007, a 21-month-old child (hereinafter the decedent) died three days after suffering a severe beating at the hands of her mother’s boyfriend, who allegedly had a prior conviction for assaulting a child. Prior to the decedent’s death, the New York City Administration for Children’s Services (hereinafter ACS), had a history of interaction with the decedent’s family.