Denio v State of New York (2004 NY Slip Op 10013)

Denio v State of New York

2004 NY Slip Op 10013 [13 AD3d 1231]

December 30, 2004

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 23, 2005

James S. Denio, as Adult Guardian of the Person and Property of Sarah J. Denio, Pursuant to Article 81 of the Mental Hygiene Law, Appellant-Respondent, v State of New York, Respondent-Appellant. (Claim No. 88215.)

—[*1]Motion for reargument granted and, upon reargument, the memorandum and order entered October 1, 2004 [11 AD3d 914] is amended by providing in the ordering paragraph and in the second sentence of the third paragraph of the memorandum that the award of damages for therapeutic modalities is increased to $1,254,755, including $226,044 for physical therapy, $751,608 for independent living counseling, $252,288 for community integration counseling, $14,040 for occupational therapy, $6,570 for optical, and $4,205 for dietician costs. Present—Green, J.P., Kehoe, Martoche and Hayes, JJ.