Cruz v. State

Judgment unanimously affirmed, without costs. Memorandum: This is an appeal from a dismissal of a tort claim after a trial in the Court of Claims. The case arose as the result of the drowning of claimant’s decedent&emdash;a 17-year-old probationary youthful offender&emdash;who was, at the time of his death, an inmate of a State facility at Auburn, New York. We affirm the judgment of dismissal. Angel Cruz was accepted at the Monsignor Dugan Start Center, a New York State correctional facility for delinquent adolescent males on June 26, 1970. He was placed at the Start Center at that time as a…