Januszko v. State — 47 N.Y.2d 774

Majority

p. 774

Angeline G. Januszko, as Administratrix of the Estate of Debra J. Januszko, Deceased, et al., Appellants, v State of New York, Respondent.

(Claim No. 57431.)

Argued March 23, 1979;

decided May 8, 1979

p. 775

APPEARANCES OF COUNSEL

David G. Miller and Daniel A. Ruzow for appellant.

Robert Abrams, Attorney-General (Maurice K. Peaslee and Jeremiah Jochnowitz of counsel), for respondent.

p. 776

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

There is nothing in the record in this case which commands reversal of the factual determination made by the Court of Claims and affirmed at the Appellate Division that it was not foreseeable, when the inmate was discharged, that he would commit a brutal homicide five months thereafter. Accordingly, any negligence for which the State of New York might be held responsible was not the proximate cause of the decedent’s death.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones and Wáchtler concur in memorandum; Judge Fuchsberg taking no part.

Order affirmed.