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BOYKIN v. STATE

7 A.D.2d 819 (1958)

Olivia Boykin, an Infant, by Her Guardian ad Litem, George C. Boykin, et al., Respondents, v. State of New York, Appellant. (Claims Nos. 35187, 35262-A.)

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

December 30, 1958

The inmate is said to have committed a sexual assault on the infant claimant, who was also an inmate. The State appeals on the grounds that the records are privileged under sections 352 and 354 of the Civil Practice Act. The court below relied upon section 20 and subdivision 9 of section 34 of the Mental Hygiene Law, and the cases of Matter of Warrington (State of N. Y.) (303 N.Y. 129), and Scolavino v. State of New York (187...

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