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WAXTER v. STATE OF NEW YORK

33 A.D.3d 1180 (2006)

826 N.Y.S.2d 753

AL WAXTER, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 102256.)

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

Decided October 26, 2006.

Cardona, P.J.

In April 1997, claimant was sexually assaulted by a correction officer while an inmate at Adirondack Correctional Facility in Essex County.1 In April 2000, claimant brought this claim setting forth various causes of action alleging, among other things, a violation of the right to be free from cruel and inhuman treatment, pursuant to NY Constitution, article I, § 5, and negligence with respect to the foregoing incident...

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