PUCKERIN v. STATE

Claim Nos. 121078 No. 2016-01828.

159 A.D.3d 848 (2018)

69 N.Y.S.3d 836

2018 NY Slip Op 01631

OLGA L. PUCKERIN, as Administrator of the Estate of PETER NEDD, Deceased, Respondent, v. STATE OF NEW YORK, Appellant.

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

Decided March 14, 2018.


Ordered that the order is affirmed insofar as appealed from, with costs.

In 2009, the claimant's decedent, who was then hospitalized at Creedmoor Psychiatric Facility (hereinafter Creedmoor), was transferred by Creedmoor to a New York State-sponsored family care home. The decedent remained a resident of the family care home until July 23, 2011, when he died of "hyperthermia due to environmental exposure." Pursuant to a "New York State Department of Mental Hygiene...

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