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SHINDER v. STATE

62 N.Y.2d 945 (1984)

Jay S. Shinder, Respondent, v. State of New York, Appellant. (Claim No. 61498-A.)

Court of Appeals of the State of New York.

Decided June 29, 1984.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Vernon Stuart and Peter Schiff of counsel), for appellant.

James D. Featherstonhaugh for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur in memorandum; Judge SIMONS concurs on constraint of Napolitano v County of Suffolk ().

MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review should be reversed, with costs, and the claim dismissed.

The claim essentially seeks judicial review of the allocation of police resources. The absence of a "special duty" owed to claimant by the State precludes his recovery (see Napolitano v County of Suffolk, 61 N.Y.2d 863

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