Armstrong v. Scully

Appellate Division of the Supreme Court of New York

Armstrong v. Scully

146 A.D.2d 562, 536 N.Y.S.2d 705, 1989 N.Y. App. Div. LEXIS 125

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 9, 1989

StatusPublished

This text of 146 A.D.2d 562 (Armstrong v. Scully) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Armstrong v. Scully, 146 A.D.2d 562, 536 N.Y.S.2d 705, 1989 N.Y. App. Div. LEXIS 125 (N.Y. Ct. App. 1989).

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Opinion

— In a claim against the State of New York to recover damages for lost wages, "mental stress” and "emotional anguish”, the claimant appeals, as limited by his brief, from so much of an order of the Court of Claims (McCabe, J.), dated June 29, 1987, as, upon granting "reconsideration”, adhered to its prior determination granting the defendant’s motion to dismiss the claim.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

[563]*563The actions of the State’s employees in this matter constituted discretionary conduct of a quasi-judicial nature for which the State has absolute immunity (see, Arteaga v State of New York, 72 NY2d 212). Mollen, P. J., Brown, Kunzeman and Hooper, JJ., concur.

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— In a claim against the State of New York to recover damages for lost wages, "mental stress” and "emotional anguish”, the claimant appeals, as limited by his brief, from so much of an order of the Court of Claims (McCabe, J.), dated June 29, 1987, as, upon granting "reconsideration”, adhered to its prior determination granting the defendant’s motion to dismiss the claim.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

[563]*563The actions of the State’s employees in this matter constituted discretionary conduct of a quasi-judicial nature for which the State has absolute immunity (see, Arteaga v State of New York, 72 NY2d 212). Mollen, P. J., Brown, Kunzeman and Hooper, JJ., concur.

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Bluebook (online)

146 A.D.2d 562, 536 N.Y.S.2d 705, 1989 N.Y. App. Div. LEXIS 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armstrong-v-scully-nyappdiv-1989.

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