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NELSON v. STATE

246 A.D.2d 809 (1998)

668 N.Y.S.2d 73

William E. Nelson et al., Individually and as Parents and Guardians of Travis Nelson, an Infant, Appellants, v. State of New York, Respondent

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

January 15, 1998

Peters, J.

Claimants, residing near Clinton Correctional Facility (hereinafter CCF) in the Village of Dannemora, Clinton County, commenced this claim as a result of an incident on July 28, 1993 in which their son, Travis Nelson (hereinafter Nelson), then 10 years old and suffering from severe asthma, was injured when CS gas, commonly known as tear gas, was released by the Correctional Emergency Response Team of CCF as part of a training exercise. At issue...

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