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BAILEY v. STATE

72 A.D.2d 889 (1979)

Carol G. Bailey, Individually and as Administratrix of The Estate of Silas J. Bailey, Deceased, Appellant, v. State of New York, Respondent. (Claim No. 62465.)

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

November 29, 1979

The decedent was accidently shot and killed in the performance of his duties with the New York State National Guard. Claimant, his surviving spouse, commenced this action in a representative capacity. The Court of Claims properly dismissed the claim and we must affirm. Section 8-a of the Court of Claims Act provides that no action lies against the State for a claim arising out of a person's military service on behalf of the State. Moreover, claimant, here suing in a representative...

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