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POLANCO v. STATE

865 CA 14-01786

130 A.D.3d 1494 (2015)

13 N.Y.S.3d 751

2015 NY Slip Op 05840

ALBERTO POLANCO, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 123819.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided July 2, 2015.

The order granted the motion of defendant to dismiss the claim.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Claimant, a prisoner at the Auburn Correctional Facility, commenced this action seeking damages based on the alleged negligence of the "State Parole Board Employees [in] fail[ing] to perform acts within the scope of their employment and in the discharge...

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