Opinion
Argued June 6, 1984
Decided June 29, 1984
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Peter A. McCabe, Jr., J.
Robert Abrams, Attorney-General ( Vernon Stuart and Peter Schiff of counsel), for appellant.
James D. Featherstonhaugh for respondent.
MEMORANDUM.
The judgment appealed from and the order of the Appellate Division brought up for review should be reversed, with costs, and the claim dismissed.
The claim essentially seeks judicial review of the allocation of police resources. The absence of a "special duty" owed to claimant by the State precludes his recovery (see Napolitano v County of Suffolk, 61 N.Y.2d 863; Evers v Westerberg, 32 N.Y.2d 684). Nor was such a "special duty" created by the officers' assumption of a duty when they earlier attempted to remove the bull from the roadway, as there is no basis for finding that claimant relied on these efforts to his detriment (cf. De Long v County of Erie, 60 N.Y.2d 296; Florence v Goldberg, 44 N.Y.2d 189).
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur in memorandum; Judge SIMONS concurs on constraint of Napolitano v County of Suffolk ( 61 N.Y.2d 863).
Judgment appealed from and order of the Appellate Division brought up for review reversed, etc.