JONES v. STATE


62 A.D.2d 44 (1978)

Lynda Jones, Individually and as Administratrix of The Estate of Herbert W. Jones, Jr., Deceased, Respondent, v. State of New York et al., Appellants. (Claim No. 54555.) (Appeal No. 1.) Elizabeth M. Hardie, Individually and as Administratrix of The Estate of Elmer S. Hardie, Deceased, Respondent, v. State of New York et al., Appellants. (Claim No. 54684.) (Appeal No. 2.) Lynda Jones, Individually and as Administratrix of The Estate of Herbert W. Jones, Jr., Deceased, Respondent, v. State of New York, Appellant. (Claim No. 54555.) (Appeal No. 3.) Elizabeth M. Hardie, Individually and as Administratrix of The Estate of Elmer S. Hardie, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 54561.) (Appeal No. 3.) Lynda Jones, Individually and as Administratrix of The Estate of Herbert W. Jones, Jr., Deceased, Respondent, v. State of New York, Appellant. (Claim No. 54555.) (Appeal No. 4.) Elizabeth M. Hardie, Individually and as Administratrix of The Estate of Elmer S. Hardie, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 54684.) (Appeal No. 4.) Elizabeth M. Hardie, Individually and as Administratrix of The Estate of Elmer S. Hardie, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 54684.) (Appeal No. 5.)

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

April 7, 1978


Attorney(s) appearing for the Case

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

Cunningham & Pares (William Cunningham of counsel), for Lynda Jones, respondent.

Tenney, Smith & Scott for Elizabeth M. Hardie, respondent.

MARSH, P. J., CARDAMONE, SIMONS and DILLON, JJ., concur.


MOULE, J.

The State appeals from five orders of the Court of Claims entered in these actions arising from events which took place during the recapture of the Attica Correctional Facility on September 13, 1971. The principal questions raised on these appeals are whether it was proper for the court to order the State to produce statements made by State police and correctional officers to the State Police Bureau...

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