Rivera v. State

—Judgment, Court of Claims of the State of New York (S. Michael Nadel, J.), entered on or about June 20, 2000, dismissing the claim after a non-jury trial, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered June 13, 2000, unanimously dismissed, without costs, as subsumed within the appeal from the aforesaid judgment.

Claimant alleges that his decedent’s death was caused by the failure of respondent’s psychiatrist to evaluate the decedent as an escape risk for purposes of transport. The trial court properly rejected the claim upon findings that the failure…