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BOLAND v. STATE OF NEW YORK

218 A.D.2d 235 (1996)

638 N.Y.S.2d 500

Walter W. Boland, Individually and as Administrator of The Estate of Aaron Boland, Deceased, and as Parent and Natural Guardian of Jennifer Boland, an Infant, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 79406.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 29, 1996

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Frank K. Walsh and Peter G. Crary of counsel), for appellant-respondent.

Robert E. Lahm, Syracuse (Matthew E. Whritenour of counsel), for respondent-appellant.

CARDONA, P. J., and PETERS, J., concur with CREW III, J.; MERCURE, J., concurs in a separate opinion; WHITE, J., concurs in part and dissents in part in a separate opinion.

CREW III, J.

Claimant is the father of two children, Jennifer (born in 1982) and Aaron (born in 1985). Following his divorce from the children's mother, claimant married Penny Boland (hereinafter Boland) in April 1988. Later that year claimant, a soldier in the United States Army, received orders transferring him to Germany. As housing for Boland and the children...

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