In an appeal from an order approving a settlement agreement in a class action challenging policies adopted by the New York City Administration for Children's Services relating to the removal of children from their homes in cases of abuse and neglect, the order is affirmed in part where: 1) the district court erred in finding that the objector had opted out and, consequently, in removing her as class representative, but the error was harmless; and 2) the agreement was fair, adequate, and reasonable. However, the order is vacated in part where the text of a release provision did not comport with the undisputed intent of the parties.
Argued: October 31, 2008
Decided: December 8, 2009
Opinion by Judge Miner
Michael A. Ugolini, Springfield, MA
Susan Choi-Hausman, Michael A. Cardozo, Pamela Seider Doglow and Martha Calhoun, Corporation Counsel of the City of New York, New York, NY