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BROWN v. STATE OF NY

250 A.D.2d 314 (1998)

681 N.Y.S.2d 170

Ricky Brown et al., on Behalf of Themselves and All Others Similarly Situated, Appellants-Respondents, v. State of New York, Respondent-Appellant. (Claim No. 86979.)

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

December 3, 1998

Attorney(s) appearing for the Case

Whiteman, Osterman & Hanna, Albany (Scott N. Fein of counsel), for appellants-respondents.

Dennis C. Vacco, Attorney-General, Albany (Denise A. Hartman of counsel), for respondent-appellant.

MIKOLL, J. P., CREW III and YESAWICH JR., JJ., concur.

SPAIN, J.

The factual and procedural history of this case is set forth in decisions of the Court of Appeals and this Court and only the pertinent facts will be repeated herein (Brown v State of New York, 89 N.Y.2d 172, modfg 221 A.D.2d 681 [hereinafter Brown I]). In September 1992, a 77-year-old woman was reportedly...

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