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MTR CARLON v. REGAN

98 A.D.2d 544 (1984)

In the Matter of Charles S. Carlon, Respondent, v. Edward V. Regan, as Comptroller of The State of New York, et al., Appellants

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

January 26, 1984

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Richard J. Dorsey and William J. Kogan of counsel), for appellants.

Birnbaum, Manaker & Aquilio, P. C. (Paul J. Giancola of counsel), for respondent.

KANE, J. P., MAIN, MIKOLL and YESAWICH, JR., JJ., concur.

CASEY, J.

Before paying petitioner the full amount of damages awarded him in his action against the State, the Comptroller has the authority to set off against that award the State's valid claim for certain services rendered to petitioner as a patient in the State's mental health facilities. Special Term's judgment directing respondents to pay the judgment must be reversed.

Following his arrest on burglary...

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