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AVILA v. STATE OF NEW YORK

121389.

39 Misc.3d 1064 (2013)

963 N.Y.S.2d 511

2013 NY Slip Op 23136

DAVID AVILA, an Infant, by His Parent and Natural Guardian, BILLIE BARTOLE, et al., Claimants, v. STATE OF NEW YORK, Defendant. (Claim No. 121389.)

Court of Claims.

Decided January 8, 2013.

Attorney(s) appearing for the Case

Law Offices of Joseph T. Mullen, Jr. ( Steven Hoffman of counsel), for claimants. Eric T. Schneiderman , Attorney General ( Faisal H. Sheikh of counsel), for defendant.

OPINION OF THE COURT

RICHARD E. SISE, J.

This claim is based on allegations that the State of New York was negligent in connection with its placement of the infant claimant, David Avila, in a foster residence located in Valley Stream, NY. The claim alleges that defendant was negligent in connection with its operation, supervision and control of the facility, with its screening and training of staff members, and...

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