Cunningham v. State

— Order unanimously reversed, without costs, motion granted and claim dismissed, in accordance with the following memorandum: In these wrongful death actions, arising out of the Attica uprising, claimants contend that the injuries to decedents were intentionally inflicted by the State. Claimants’ attorney has conceded that these actions are governed by Werner v State of New York (53 NY2d 346) and that the claimants are now barred from maintaining this action at law after having applied for and accepted workers’ compensation benefits. Claimants’ attorney has requested a continuance in these…