Opinion

Santangelo v. State

  • 101 A.D.2d 20
  • 474 N.Y.S.2d 995
  • 1984 N.Y. App. Div. LEXIS 17787
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Apr 12, 1984
Status
Published
Author
Denman
On the bench
Denman, Hancock
Cited by
21 cases
Authority
More cited than 1.4%

The opinion

Denman, J. (concurring).

I would affirm the judgment for reasons stated in the memorandum decision in the Court of Claims (Santangelo v State of New York, 103 Misc 2d 578 [Lowery, J.]). The majority adopts the position that all determinations made by a State functionary in the exercise of discretion are quasi-judicial and thus entitled to absolute immunity. I cannot espouse that view nor do I read Tango v Tulevech ( 61 NY2d 34 ), as requiring that we do so. If that were the import of Tango , a significant body of law recognizing the potential liability of the State for discretionary acts would be wiped out sub silentio. (See, e.g., Williams v State of New York, 308 NY 548 ; Weiss v Fote, 7 NY2d 579 ; Brownshield v State of New York, 76 AD2d 849 ; Welch v State of New York, 74 AD2d 661 ; Taylor v State of New York, 36 AD2d 878 .)

Boomer, O’Donnell and Schnepp, JJ., concur with Hancock, Jr., J. P.; Denman, J., concurs in an opinion.

Judgment affirmed, without costs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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