Opinion
May 11, 1987
Appeal from the Court of Claims (McCabe, J.).
Ordered that the judgment is affirmed, with costs.
The claimant, an inmate in a correctional facility, injured himself when he tripped over a rope, which cordoned off a flower bed, while engaged in a game of softball. The record amply supports the determination of the Court of Claims that the claimant failed to sustain his burden of proving by a fair preponderance of the credible evidence that the State failed to exercise reasonable care in the maintenance of the area in question (see, Basso v. Miller, 40 N.Y.2d 233; Scaduto v. State of New York, 86 A.D.2d 682). Bracken, J.P., Brown, Rubin and Spatt, JJ., concur.