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SOUTHWORTH v. STATE OF N. Y.

62 A.D.2d 731 (1978)

John V. Southworth, Individually and as Executor of Alice K. Southworth, Deceased, Respondent, v. State of New York, Appellant. (Claim No. 58065.) John V. Southworth, Respondent, v. State of New York, Appellant. (Claim No. 58835.)

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

June 2, 1978

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Douglas L. Manley and Ruth Kessler Toch of counsel), for appellant.

Bond, Schoeneck & King (Charles Major of counsel), for respondent.

MOULE, J. P., DENMAN and WITMER, JJ., concur with DILLON, J.; HANCOCK, JR., J., dissents in an opinion.

DILLON, J.

In connection with an experimental drivers' rehabilitation program established by the Commissioner of Motor Vehicles, we are asked to decide whether the issuance of an interim operator's license to a person with a record of alcohol-related driving violations renders the State liable for injuries and wrongful death sustained by others on account of the negligence

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