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1
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OPINION
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EXTRACTED KEY WORDS
NY2D ACT JUVENILE COURT ESCAPE PROPRIETOR FACILITY NEGLIGENCE SUPRA JUVENILE DELINQUENT PUBLICATION DFY FACILITY TORT LIABILITY PROTECTION PLACEMENT RESPONDENT CHADDERDON FAMILY COURT CITY APPELLATE INJURIES YOUTH ADJUDICATIONS SECURE COMMUNITY CLAIMANTS SUPERVISION ORDINARY TORT LIABILITY WILLIAMS |
ANTHONY SEBASTIAN ET AL., APPELLANTS, v. THE STATE OF NEW YORK, RESPONDENT.
93 N.Y.2d 790 (1999).
October 21, 1999
4 No. 141
(99 NY Int. 0139)
Decided October 21, 1999
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
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Shawn W. Carey, for appellants.
Michael S. Buskus, for respondent.
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 that upheld the ruling in favor of the
State.
Daniel Chadderdon was adjudicated a juvenile delinquent in July 1992.
He was ordered by a Family Court Judge to be placed in the custody of
the DFY, pursuant to Family Court Act §§ 352.2 and 353.2.
Chadderdon was initially confined in a secure DFY facility, "which is
characterized by physically restricting construction, hardware and
procedures" (Executive Law § 504-a). In 1994, as the first step
towards transition into the community, Chadderdon was transferred to a
limited secure facility in Rochester; next, he was sent to a
non-secure facility in Binghamton in July 1995. He escaped from the
latter placement, and the State immediately issued a warrant for his
apprehension. Approximately one month after the escape, Chadderdon
robbed and assaulted a taxicab driver, claimant Sebastian. Chadderdon
was arrested for this crime in August 1995. Following his conviction
for attempted murder in the second degree and other serious felonies,
he was sentenced as an adult criminal to 7 1/3 to 22 years
imprisonment.
In February 1997, after recovering from severe injuries and reviewing
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