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• Title: Arthur A. Taylor v. State New York
• Author : Supreme Court of New York
• Release Date : January 27, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

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[36 A.D.2d 878 Page 878] Appeal by the State from an order of the Court of Claims denying its motion to dismiss the claim and granting respondent's
motion for an examination before trial. The case evolves from the brutal murder of respondent's daughter by one Gary Sickler,
a prison parolee of this State. Respondent's claim alleges that the murder and death were brought about "as a result of the
negligent acts, omissions to act, negligent failures and omissions of the State of New York, its agents, servants, employees,
Parole Board * * * Parole Officers, Department of Correction, Department of Mental Hygiene * * * and other personnel". More
specifically, the claim asserts that the release of Sickler on parole was contrary to law, careless, reckless and with total
disregard to the public safety insofar as Sickler was known to be "a convicted felon, a prior sexual offender, a dangerous,
irresponsible, violent, homocidal, perverted individual". It is further alleged that the above-named tendencies and facts
were known to the State or should have been known by it from the statements of the prisoner, his requests for psychiatric
treatment, his numerous psychiatric examinations and his overall record. Respondent also claims that in addition to this negligence,
the State through its agents and employees was negligent in supervising Sickler while on parole and neglected to "restrain,
control, survey, treat and keep in custody the said Gary Sickler, whom it was required by law to restrain". The Court of Claims
in denying the motion to dismiss agreed with the State's proposition that decisions of the Parole Board are non-reviewable
in the absence of a positive statutory violation but noted that "the claim does allege in broad terms, negligent acts of the
State and its employees which may not have been involved or concerned with the Board of Parole process in releasing the prisoner
and thus may state a cause of action against the defendant". Of course, on a motion to dismiss the complaint must be construed
liberally (CPLR 3026), all factual averments of the pleadings must be taken as true (Dulberg v. Mock, 1 N.Y.2d 54) and only
where the plaintiff has not stated any cause of action, whether or not it is properly stated, will the complaint be dismissed
(e.g., Heram Holding Corp. v. City of Albany, 33 A.D.2d 1086). On the other hand a cause of action cannot be predicated solely
on mere conclusory statements unsupported by factual allegations (e.g., Kalmanash v. Smith, 291 N. Y. 142; Foley v. D'Agostino,
21 A.D.2d 60). In reviewing this case it is difficult to forget the tragic and brutal murder of Kathleen Taylor, but the State
cannot be an insurer as to the acts of those it releases from its confines (see Williams v. State of New York, 308 N. Y. 548).
We hold that while section 212 of the Correction Law does not cloak the actions of the Board of Parole with complete judicial
immunity, the State is not responsible for the Parole Board's release of Sickler predicated as it presumably was on the professional
judgment of a qualified and competent physician (St. George v. State of New York, 283 App. Div. 245, affd. 308 N. Y. 681;
Taig v. State of New York, 19 A.D.2d 182).

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