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WILLIAMS v. STATE

No. 77.

18 N.Y.3d 981 (2012)

946 N.Y.S.2d 81

2012 NY Slip Op 3231

JILL WILLIAMS et al., Respondents, v. STATE OF NEW YORK, Appellant.

Court of Appeals of New York.

Decided April 26, 2012.

Attorney(s) appearing for the Case

Eric T. Schneiderman, Attorney General, New York City ( Cecelia C. Chang , Robert C. Weisz , Benjamin N. Gutman and Barbara D. Underwood of counsel), for appellant.

McGarry & Simon, New York City ( William A. Simon of counsel), for respondents.

Mental Hygiene Legal Service, First Judicial Department, New York City ( Marvin Bernstein and Sadie Ishee of counsel), and Mental Hygiene Legal Service, Second Judicial Department, Mineola ( Lesley M. De Lia , Lisa Volpe and Dennis B. Feld of counsel), for Mental Hygiene Legal Service, First Judicial Department and another, amici curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, the judgment of the Court of Claims reinstated and the certified question answered in the negative.

On July 25, 1993, while escorted by a mental health therapy aide to one of the chapels on the grounds of the Manhattan Psychiatric Center (MPC), Tony Joseph (Joseph), a voluntary patient, stole away when the aide permitted him to use a bathroom out...

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