Taylor v. State

*879Reynolds, J. P., Staley, Jr., and Greenblott, JJ., concur. Cooke and Sweeney, JJ., dissent and vote to affirm in the following memorandum by Cooke, J.: We vote for affirmance. The sole issue here is one of procedure, the sufficiency of the pleading. Substantively, there is no dispute. The majority recognizes the State’s duty of supervision and the question of whether Sickler’s actions were foreseeable upon breach of that duty. On that subject and among the rather verbose allegations of the claim, it is recited: that on November 4, 1967 at the Town or City of Poughkeepsie in Dutchess County,…