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GIOIA v. STATE OF NEW YORK

22 A.D.2d 181 (1964)

Salvatore R. Gioia, as Administrator of The Estate of Joseph D. Gioia, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 36174.)

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

December 10, 1964.

Attorney(s) appearing for the Case

Darch, Noonan & Hughes (Stephen B. Hughes of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Paxton Blair and Jean M. Coon of counsel), for respondent.

WILLIAMS, P. J., BASTOW and DEL VECCHIO, JJ., concur.

GOLDMAN, J.

This is the second time this case has been before this court. On the first occasion the State appealed from a judgment in favor of the claimant. By a divided court the judgment was reversed and a new trial granted (Gioia v. State of New York, 16 A.D.2d 354). Upon retrial the Court of Claims Judge found "that the suicide was the result of a reasoned and deliberate...

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