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AUGER v. STATE OF NY

236 A.D.2d 177 (1997)

666 N.Y.S.2d 760

Bruce Auger, Respondent, v. State of New York, Appellant. (And Another Related Claim.)

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

December 18, 1997

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, Albany (Michael S. Buskus and Peter H. Schiff of counsel), for appellant.

Goldstein, Goldstein & Rikon, New York City (Michael Rikon of counsel), for respondent.

CARDONA, P. J., MERCURE, SPAIN and CARPINELLO, JJ., concur.

CASEY, J.

As a result of injuries he sustained in December 1989 while incarcerated in Eastern Correctional Facility in Ulster County, claimant commenced these two claims alleging that the State failed to provide proper supervision of the inmates and failed to give claimant appropriate medical treatment. On May 3, 1996, after extensive pretrial discovery and prior to the filing of a note of issue, the Court of...

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