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SEBASTIAN v. STATE OF NY

93 N.Y.2d 790 (1999)

720 N.E.2d 878

698 N.Y.S.2d 601

ANTHONY SEBASTIAN et al., Appellants, v. STATE OF NEW YORK, Respondent.

Court of Appeals of the State of New York.

Decided October 21, 1999.

Attorney(s) appearing for the Case

Collins, Collins, Kantor & Maxwell, P.C., Buffalo (Shawn W. Carey of counsel), for appellants.

Eliot Spitzer, Attorney General, Albany (Michael S. Buskus, Preeta D. Bansal and Peter H. Schiff of counsel), for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

BELLACOSA, J.

The issue on this appeal is whether the State may be held liable in negligence for injuries inflicted by a juvenile delinquent who escaped from a Division for Youth (DFY) facility. To resolve the question, this Court must consider whether the State's alleged negligence arose out of the performance of a governmental, rather than a proprietary, function. We affirm the order...

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