Hodge v. State

Appellate Division of the Supreme Court of New York

Hodge v. State

290 A.D.2d 734, 735 N.Y.S.2d 836, 2002 N.Y. App. Div. LEXIS 403

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 17, 2002

StatusPublished

Cited by1 cases

This text of 290 A.D.2d 734 (Hodge v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hodge v. State, 290 A.D.2d 734, 735 N.Y.S.2d 836, 2002 N.Y. App. Div. LEXIS 403 (N.Y. Ct. App. 2002).

Pincite

Opinion

Carpinello, J.

Appeal from a judgment of the Court of Claims (Lebous, J.), entered September 29, 2000, upon a decision of the court following a bifurcated trial on the issue of liability, which granted the State’s motion to dismiss the claim.

Claimant, an inmate at Shawangunk Correctional Facility in Ulster County, filed a claim against the State alleging negligent disclosure of confidential medical information. At issue on this appeal is the propriety of a judgment of the Court of Claims dismissing the claim after a trial. While it is true that an inmate has a general right to privacy in receiving medical care in a State correctional facility (see, 9 NYCRR 7651.26 [a] [7]; see generally, Matter of Raqiyb v Eagen, 277 AD2d 528, 529), as well as a general right to “privacy and confidentiality of all [treatment] records” (9 NYCRR 7651.26 [a] [8]), claimant offered no competent proof at trial that these rights were actually violated by any employee or procedure of Shawangunk Correctional Facility. Accordingly, his claim was properly dismissed.

Cardona, P.J., Mercure, Crew III and Spain, JJ., concur. Ordered that the judgment is affirmed, without costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Carpinello, J.

Appeal from a judgment of the Court of Claims (Lebous, J.), entered September 29, 2000, upon a decision of the court following a bifurcated trial on the issue of liability, which granted the State’s motion to dismiss the claim.

Claimant, an inmate at Shawangunk Correctional Facility in Ulster County, filed a claim against the State alleging negligent disclosure of confidential medical information. At issue on this appeal is the propriety of a judgment of the Court of Claims dismissing the claim after a trial. While it is true that an inmate has a general right to privacy in receiving medical care in a State correctional facility (see, 9 NYCRR 7651.26 [a] [7]; see generally, Matter of Raqiyb v Eagen, 277 AD2d 528, 529), as well as a general right to “privacy and confidentiality of all [treatment] records” (9 NYCRR 7651.26 [a] [8]), claimant offered no competent proof at trial that these rights were actually violated by any employee or procedure of Shawangunk Correctional Facility. Accordingly, his claim was properly dismissed.

Cardona, P.J., Mercure, Crew III and Spain, JJ., concur. Ordered that the judgment is affirmed, without costs.

Cite This Page — Counsel Stack

Bluebook (online)

290 A.D.2d 734, 735 N.Y.S.2d 836, 2002 N.Y. App. Div. LEXIS 403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hodge-v-state-nyappdiv-2002.

Opinion

Related

Cite This Page — Counsel Stack