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RAY v. STATE OF NEW YORK

305 A.D.2d 791 (2003)

760 N.Y.S.2d 571

CAROL RAY, as Administrator of the ESTATE OF CHEYENNE A. RAY, Deceased, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided May 8, 2003.

Mercure, J.P.

On August 5, 1996, Cheyenne A. Ray (hereinafter decedent) drowned at Grafton Lakes State Park in Rensselaer County. Decedent, a five-year-old nonswimmer, was on an outing with a group of eight adults and children and in the care of 20-year-old Melissa Rodriguez. Shortly after 12:15 P.M., decedent entered the bathing area of Grafton Lake with Rodriguez's permission and walked past a buoy line to play in water up to her stomach. Decedent was in water between...

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