We quote from the opinion in the Root case [40 N.Y.S.2d 578] : "There was nothing in the dormitory or about the window at which the decedent hung himself that would have led a reasonably prudent person in charge of the deceased herein to perceive that the deceased would attempt suicide in the presence of the other two inmates at that time and under the circumstances herein stated. The cases of Robertson v. Charles B. Towns Hospital, 178 App. Div. 285, 165 N.Y.S. 17, Shattuck v. State, supra [ 166 Misc. 271, 2 N.Y.S.2d 353], Spataro v. State, 166 Misc. 418, 3 N.Y.S.2d 737, Martindale v. State, supra [ 244 App. Div. 877, 281 N.Y.S. 686], and Dimitroff v. State, 171 Misc. 635, 13 N.Y.S.2d 458, cited by the claimant, are not controlling herein. The facts in each of said cases are quite different from those in the case at bar.

" Reasonable care is required to protect such patients against themselves ( Martindale v. State of New York, 244 App. Div. 877, affd. 269 N.Y. 554). In our view, such care was provided in this case, for even if it can be said that the State did assume a duty of continual observation, a five-minute absence when a patient appears to be sleeping and thus incapable of inflicting self-harm does not constitute an act of negligence.

The degree of care should be measured by the physical and mental ailments of the inmates as known to the State. ( Shattuck v. State of New York, 166 Misc. 271, affd. 254 App. Div. 926; Weihs v. State of New York, 40 N.Y.S.2d 283, affd. 267 App. Div. 233; Zeigler v. State of New York, 179 Misc. 827; Jones v. State of New York, 267 App. Div. 254; Reyes v. State of New York, 9 Misc.2d 808.) The supervisor and his assistant did what they could to properly attend the boys but the failure of the State to furnish adequate records, attendants and supervision under all of the circumstances constitutes negligence. ( Martindale v. State of New York, 244 App. Div. 877, affd. 269 N.Y. 554; Curley v. State of New York, 148 Misc. 336; Gould v. State of New York, 181 Misc. 884; Arnold v. State of New York, 8 A.D.2d 931. ) The claimant was free from negligence which contributed to this accident.