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SANTANGELO v. STATE OF N.Y.

101 A.D.2d 20 (1984)

Ursula Santangelo, Appellant, v. State of New York, Respondent. (Claim No. 58943.)

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

April 12, 1984

Attorney(s) appearing for the Case

Germain & Germain (Paul A. Germain of counsel), for appellant.

Robert Abrams, Attorney-General (Vernon Stuart and Peter J. Dooley of counsel), for respondent.

BOOMER, O'DONNELL and SCHNEPP, JJ., concur with HANCOCK, JR., J. P.; DENMAN, J., concurs in an opinion.

HANCOCK, JR., J. P.

Claimant was assaulted and raped by Edward Simcoe, a 16-year-old boy, who was free on an unsupervised furlough (see Correction Law, art 26) from Camp Georgetown, a minimum security facility where he was serving a sentence for robbery with a dangerous weapon. Her claim against the State is based on the negligence of the Temporary Release Committee and the Superintendent of Camp Georgetown in approving the inmate's furlough request....

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