New York State Court of Claims

New York State Court of Claims

H. L. R. v. THE STATE OF NEW YORK, #2000-011-102, Claim No. 96329


Failure to protect disclosure under article 27-F of the Public Health Law §2783(a)(b) and 2783(2)

Case Information

H. L. R.
Claimant short name:
H. L. R.
Footnote (claimant name) :

Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
Motion number(s):

Cross-motion number(s):

Thomas J. McNamara
Claimant's attorney:
Walter, Thayer & Mishler, P.C.(Lanny E. Walter, Esq., of counsel)
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Paul F. Cagino, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
April 24, 2000
Saratoga Springs

Official citation:

Appellate results:

See also (multicaptioned case)


Claimant, H. L. R. was an inmate at Franklin Correctional Facility on or about August 12, 1996. He brings this claim against the Defendant, State of New York, for failing to protect disclosure under article 27-F of the Public Health Law §2783(1)(b) and 2783(2). A trial was held in this matter on April 4, 2000. At the conclusion of the trial, a bench decision was rendered on the record awarding judgment to the Claimant in the amount of $2,000.

In an order filed March 23, 2000, the court directed the superintendent of Franklin Correctional Facility, the correctional facility at which Claimant was then incarcerated, to produce Claimant in Albany for the trial of this action. The order also provided that in the event Claimant received an award in this claim, the cost of producing him for the trial would be paid out of the judgment. In accordance with the order, the Department of Correctional Services is directed to provide to the court within twenty days of the filing of this decision, an affidavit by a responsible and knowledgeable employee setting forth the costs incurred in producing the Claimant at the trial of this claim. The affidavit should also be served on the attorney for Claimant who will have until the thirtieth day after filing of the decision to provide a response. In the event that the affidavit setting forth the costs is not provided to the court and the attorney within the specified twenty days, the right to recover such costs will be deemed waived. Entry of judgment is stayed pending resolution of this issue.

April 24, 2000
Saratoga Springs, New York

Judge of the Court of Claims