BERNARD v. STATE OF NEW YORK


34 A.D.3d 1065 (2006)

824 N.Y.S.2d 481

STANLEY BERNARD, Respondent-Appellant, v. STATE OF NEW YORK, Appellant-Respondent. (Claim No. 102988.)

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

Decided November 22, 2006.


Mugglin, J.

On January 5, 2000, at Twin Valleys Outdoor Education Center in Wadhams, Essex County, correctional officer Randy Welch and a crew of inmates, including claimant, arrived from the Moriah Shock Incarceration Correctional Facility to perform logging operations. The temperature at the time was below freezing and rain and/or sleet was falling. Typically, the inmates were used to remove previously cut logs from the woods to a skid trail and then to a staging...

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