Boland v. State

Appeal from a judgment of the Court of Claims (Benza, J.), entered February 18, 1998, upon a decision of the court in favor of the State.

The facts giving rise to this litigation are thoroughly set forth in our prior decision in this matter (218 AD2d 235). To *802recapitulate, in 1988 claimant’s children, Jennifer and Aaron, were residing with their stepmother in the City of Canandaigua, Ontario County, while claimant was overseas in the armed forces. On January 23, 1989, while waiting with her children for a school bus, a neighbor observed bruises to Aaron’s face and head and notified the State…