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McDEVITT v. STATE OF NEW YORK

136.1 CA 19-00724.

197 A.D.3d 852 (2021)

153 N.Y.S.3d 235

2021 NY Slip Op 04795

Peter Brent McDevitt, Appellant, v. State of New York, Respondent. (Claim No. 122710.).

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

Decided August 26, 2021.

Attorney(s) appearing for the Case

E. STEWART JONES HACKER MURPHY LLC, TROY ( JULIE ANN NOCIOLO OF COUNSEL), FOR CLAIMANT-APPELLANT.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( BRIAN D. GINSBERG OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Peradotto, J.P., Carni, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that the judgment so appealed from is reversed on the facts without costs, the claim is reinstated, judgment is granted in favor of claimant, and the matter is remitted to the Court of Claims for further proceedings in accordance with the following memorandum: While serving a prison term at Groveland Correctional Facility for a non-violent offense, claimant—who had an unblemished disciplinary record...

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