Singleton v. State

Appellate Division of the Supreme Court of New York

Singleton v. State

55 A.D.2d 717, 389 N.Y.S.2d 170, 1976 N.Y. App. Div. LEXIS 15491

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

DecidedDecember 9, 1976

DocketClaim No. 57472

StatusPublished

This text of 55 A.D.2d 717 (Singleton 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

Singleton v. State, 55 A.D.2d 717, 389 N.Y.S.2d 170, 1976 N.Y. App. Div. LEXIS 15491 (N.Y. Ct. App. 1976).

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Opinion

Appeal from a judgment, entered November 13, 1975, upon a decision of the Court of Claims in favor of the defendant State of New York. The judgment is affirmed. We adopt the findings of Judge Mangum in the Court of Claims. While we are troubled by the incompleteness of written notes or records as to patient evaluation and treatment recommendations, we conclude upon our review of the testimonial evidence that the evidence establishing the rather extensive freedom of movement given to claimant in the nature of passes to leave the grounds and attendance at rehabilitation classes adequately supports the conclusion that the team of treating physicians was aware of and did exercise medical judgment in acquiescing in the method of treatment. In Cohen v State of New York (51 AD2d 494), there was testimony that "bad judgment” had been exercised. We there found, in fact, that no judgment had been exercised, wherefore that case is distinguishable. Judgment affirmed, without costs. Koreman, P. J., Greenblott, Sweeney, Kane and Main, JJ., concur.

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Appeal from a judgment, entered November 13, 1975, upon a decision of the Court of Claims in favor of the defendant State of New York. The judgment is affirmed. We adopt the findings of Judge Mangum in the Court of Claims. While we are troubled by the incompleteness of written notes or records as to patient evaluation and treatment recommendations, we conclude upon our review of the testimonial evidence that the evidence establishing the rather extensive freedom of movement given to claimant in the nature of passes to leave the grounds and attendance at rehabilitation classes adequately supports the conclusion that the team of treating physicians was aware of and did exercise medical judgment in acquiescing in the method of treatment. In Cohen v State of New York (51 AD2d 494), there was testimony that "bad judgment” had been exercised. We there found, in fact, that no judgment had been exercised, wherefore that case is distinguishable. Judgment affirmed, without costs. Koreman, P. J., Greenblott, Sweeney, Kane and Main, JJ., concur.

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Bluebook (online)

55 A.D.2d 717, 389 N.Y.S.2d 170, 1976 N.Y. App. Div. LEXIS 15491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/singleton-v-state-nyappdiv-1976.

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