Clark v. State

Main and Yesawich, Jr., JJ.,

dissent and vote to affirm in the following memorandum by Yesawich, Jr., J. Yesawich, Jr., J. (dissenting). We would affirm. As the majority notes, the State cannot be held liable for errors in judgment made by qualified physicians while employed by the State provided careful examination has been made of the patient (Centeno v City of New York, 48 AD2d 812, affd 40 NY2d 932). Since Dr. Murphy’s competency as a *618psychiatrist was conceded, the only issue, and that a factual one (see Cohen v State of New York, 51 AD2d 494, affd 41 NY2d 1086; Bell v New York City Health…