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DALE v. STATE OF NEW YORK

44 A.D.2d 384 (1974)

Rita H. Dale, Appellant, v. State of New York, Respondent. (Claim No. 51888.)

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

May 16, 1974.

Attorney(s) appearing for the Case

Bruce J. Ennis (Paul R. Friedman of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for respondent.

HERLIHY, P. J., GREENBLOTT and KANE, JJ., concur in Per Curiam opinion; COOKE and MAIN, JJ., dissent in part and concur in part in an opinion by COOKE, J.

Per Curiam.

This is an appeal from a judgment, entered June 5, 1973, upon a decision of the Court of Claims dismissing the claim.

Claimant was confined in Harlem Valley State Hospital at Wingdale, New York, for a period of 16 years which ended on April 18, 1967. The legality of her commitment and detention are not in issue. On December 10, 1969, claimant filed a claim against the State of New York alleging...

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