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TARTER v. STATE OF NEW YORK

68 N.Y.2d 511 (1986)

Myrna Tarter, Respondent, v. State of New York, Appellant. (Claim No. 70105.) William E. Tyner, Respondent, v. State of New York, Appellant. (Claim No. 70888.)

Court of Appeals of the State of New York.

Decided December 18, 1986.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (R. Scott Greathead, O. Peter Sherwood, Peter H. Schiff and Michael S. Buskus of counsel), for appellants in the first and second above-entitled claims.

John P. D'Ambrosio for respondent in the first above-entitled claim.

David H. Fromm, Aaron J. Broder, Frederick A. Polatsek and Mark L. Freyberg for respondent in the second above-entitled claim.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE and HANCOCK, JR., concur; Judge ALEXANDER taking no part.

TITONE, J.

The question to be resolved on this appeal is whether the State and the New York State Board of Parole may be held liable for negligently releasing dangerous prisoners on parole, where the parolees inflict serious injuries upon members of the public. We hold that since parole release decisions are quasi-judicial in character, the State and its employees are absolutely immune from tort actions arising...

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