It is hereby ordered that the order so appealed from is unanimously modified on the law by denying those parts of defendant's motion seeking summary judgment dismissing the claims for negligence and medical malpractice and reinstating those claims, and as modified the order is affirmed without costs.
Memorandum: Claimant, an inmate at Auburn Correctional Facility, previously commenced a CPLR article 78 proceeding seeking to annul the determination of the Department...
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