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182 A.D.2d 670

Foy v. State

Appellate Division of the Supreme Court of the State of New York · decided 1992-04-13

Decided 1992-04-13

¶1In a negligence claim, the defendant, the State of New York, appeals from a judgment of the *671Court of Claims (Orlando, J.), entered March 15, 1990, which, after a nonjury trial, is in favor of the claimant and against it in the principal sum of $300.

¶2Ordered that the judgment is affirmed, with costs.

¶3The claimant, an inmate at Sing Sing Correctional Facility, filed a claim against the State of New York to recover damages for the loss of his personal property.

¶4We disagree with the State’s contention that it is immune from liability, based on the doctrine of sovereign immunity. The claimant contends that the State negligently failed to properly secure the area of his cell and thus he is not merely challenging prison administration or allocation of staff or resources (see, Pollard v State of New York, 173 AD2d 906). Sullivan, J. P., Balletta, O’Brien and Ritter, JJ., concur.

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