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PADULA v. STATE OF NEW YORK

48 N.Y.2d 366 (1979)

Clara Padula, as Administratrix of The Estate of Frank Padula, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 54694.) Paul Modafferi, Appellant, v. State of New York, Respondent. (Claim No. 56914.)

Court of Appeals of the State of New York.

Decided November 29, 1979.

Attorney(s) appearing for the Case

Charles A. Schiano for Clara Padula, appellant.

David Jaroslawicz, Francis E. Dorn and Joseph Fallek for Paul Modafferi, appellant.

Robert Abrams, Attorney-General (J. Lawson Brown and Shirley Adelson Siegel of counsel), for respondent.

Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur with Judge MEYER; Chief Judge COOKE and Judge JASEN dissent and vote to affirm for the reasons stated in the opinion by Mr. Justice MICHAEL E. SWEENEY at the Appellate Division ().

MEYER, J.

The question presented by this appeal is whether the State is liable for the death of one and blindness of another certified heroin addict, residents of the Iroquois Narcotic Rehabilitation Center maintained by the State Narcotic Addiction Control Commission, both of whom had been committed to the center pursuant to the provisions of the Mental Hygiene Law. The death in one case and blindness in the...

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