Boland v. State of New York

White, J. (concurring in part and dissenting in part).

I concur with the majority’s analysis that Kim Mariotti’s failure to transmit the report to the appropriate county Child Protective Unit is a ministerial act to which governmental immunity does not attach. I disagree, however, with its conclusion that a special relationship existed between claimant’s children and the State solely by virtue of the enactment of Social Services Law, article 6, title 6.

As outlined in the majority opinion, four elements must be satisfied in order to invoke the special relationship rule. While the Court of…