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MATTER OF RIVERA v. STATE OF NEW YORK

287 A.D.2d 318 (2001)

731 N.Y.S.2d 160

In the Matter of PERFECTO RIVERA, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided October 16, 2001.

Claimant alleges that his decedent's death was caused by the failure of respondent's psychiatrist to evaluate the decedent as an escape risk for purposes of transport. The trial court properly rejected the claim upon findings that the failure to evaluate the decedent as an escape risk was a mere error of professional judgment, and that more is needed to hold respondent liable than that claimant's expert would have so evaluated...

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