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MATTER OF TUMM v. TOWN OF EASTCHESTER

8 A.D.3d 581 (2004)

779 N.Y.S.2d 217

In the Matter of MICHAEL TUMM, Respondent, v. TOWN OF EASTCHESTER et al., Appellants.

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

June 21, 2004.

Ordered that the order is affirmed, with costs.

The petitioner, a developmentally-disabled 19 year old, alleged that on September 30, 2002, while participating in a recreational program run by the Southeast Consortium for Special Services, Inc. (hereinafter the Consortium), he was sexually assaulted by a bus monitor employed by the Consortium. According to the Consortium's interagency agreement, the Consortium is a not-for-profit corporation which provides jointly...

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