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QUILLEN v. STATE OF NEW YORK

191 A.D.2d 31 (1993)

Patrick Quillen, Individually and as Parent and Natural Guardian of Michael Gilly, an Infant, Respondent, v. State of New York, Appellant

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

July 1, 1993

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, Albany (Frank K. Walsh and Wayne L. Benjamin of counsel), for appellant.

Smyk, Smyk & Fahrenz, Binghamton (Joseph F. Cawley of counsel), for respondent.

MIKOLL, J. P., YESAWICH JR., MERCURE and HARVEY, JJ., concur.

CREW III, J.

Claimant brought this action seeking money damages for injuries allegedly sustained by his infant son on May 9, 1990 as the result of an assault and battery committed by Armando Paolucci, Jr., an employee of the State, at the Division for Youth Urban Home in the City of Binghamton, Broome County. By order to show cause, claimant sought an order directing the State to produce, for the purpose of giving...

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