In Stephen v. State of New York, 44 Misc 3d 1209[A], 2014 NY Slip Op 51064[U] [Ct Cl 2014], the Court of Claims dismissed the claim brought by several employees of a non-State facility who were assaulted by an outpatient who was being treated there pursuant to court order. The outpatient had been receiving regular visits from a psychologist and a case worker from Creedmoor Psychiatric Center, a facility of the State Office of Mental Health. The court found that the function was governmental in nature and that no special duty was proven.