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BRATHWAITE v. STATE OF NY

208 A.D.2d 231 (1995)

Nona Brathwaite, Respondent, v. State of New York, Appellant. (Claim No. 80493.)

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

March 2, 1995

Attorney(s) appearing for the Case

Murray B. Schneps of counsel, Riverhead (Scheinberg, Schneps, DePetris & DePetris, attorneys), for respondent.

Michael S. Buskus of counsel, Albany (Peter H. Schiff on the brief; Dennis C. Vacco, Attorney-General, attorney), for appellant.

MURPHY, P. J., KUPFERMAN, ASCH and TOM, JJ., concur.

SULLIVAN, J.

Claimant Nona Brathwaite was a resident of the Willowbrook Developmental Center, a State-operated residential institution for the mentally retarded, from February 17, 1956 until she was placed in another facility on June 29, 1979. She is now an outpatient.

In this Court of Claims action, claimant alleges that she was not mentally retarded, as reputed, and seeks to recover damages as a result...

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