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EISEMAN v. STATE

109 A.D.2d 46 (1985)

Jacob Eiseman, Individually and as Administrator of The Estate of Rhona Eiseman, Deceased, et al., Respondents, v. State of New York, Appellant. (Appeal No. 1.) Michael P. Schostick, Appellant, v. State of New York, Respondent. (Appeal No. 2.)

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

June 4, 1985

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Michael Buskus and Peter J. Dooley of counsel), for State of New York.

Lipsitz, Green, Fahringer, Roll, Schuller & James (Richard P. Weisbeck, Jr., and Frank S. Kedzielawa of counsel), for respondents in Appeal No. 1 and appellant in Appeal No. 2.

Covington & Burling and Sheldon Elliot Steinbach for American Counsel on Education, amicus curiae.

CALLAHAN, O'DONNELL and PINE, JJ., concur with DENMAN, J.; HANCOCK, JR., J. P., concurs in result and in all of the majority opinion except that pertaining to negligence of the college and as to that, concurs with the affirmance essentially for reasons stated in the decision at Court of Claims.

DENMAN, J.

Larry Campbell was conditionally released from Fishkill Correctional Facility on December 19, 1975 and enrolled as a student at the State University College at Buffalo in a program for the economically and educationally disadvantaged designated under the acronym SEEK (Search for Education, Elevation and Knowledge). He lived in a dormitory on campus with the son of his sponsor for the program, a professor...

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