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  5. 158 A.D.2d 869 (1990)
 

MATTER OF BENYI v. BROOME COUNTY SHERIFF'S DEP'T

158 A.D.2d 869 (1990)

In the Matter of John J. Benyi, Appellant, v. Broome County Sheriff's Department et al., Respondents

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

February 22, 1990

Levine, J.

In May 1987 petitioner, who was incarcerated at the Broome County Jail on pending criminal charges, was assaulted by another inmate. As a result of the assault petitioner was hospitalized and, on May 28, 1987, underwent cranial surgery to relieve a subdural hematoma. In January 1989 petitioner made a motion in Supreme Court for permission to proceed as a poor person in an action he intended to commence...

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