New York State Court of Claims

New York State Court of Claims

G.W. v. STATE OF NEW YORK, #2002-018-133, Claim No. 100809, Motion No. M-64010


Synopsis


After an in camera review of a special investigation report, the Court has set forth the items to be disclosed to the claimants pursuant to Education Law §6527(3).

Case Information

UID:
2002-018-133
Claimant(s):
G.W., Individually and as Natural Parent and Guardian of K.I., an Infant The Court has amended the caption of the case sua sponte to protect the identity of the infant claimant.
Claimant short name:
G.W.
Footnote (claimant name) :
The Court has amended the caption of the case sua sponte to protect the identity of the infant claimant.
Defendant(s):
STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100809
Motion number(s):
M-64010
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
BRINDISI, MURAD & BRINDISI-PEARLMAN, LLPBy: STEPHANIE A. PALMER, ESQUIRE
Defendant's attorney:
ELIOT SPITZER
Attorney General of the State of New York
By: G. LAWRENCE DILLON, ESQUIREAssistant Attorney General
Third-party defendant's attorney:

Signature date:
May 8, 2002
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision
As directed in this Court's order filed March 4, 2002, defendant provided the Court with the investigative file which includes the special investigation report with attachments including employee statements, incident reports, and ward reports, which claimant sought to have disclosed. Pursuant to the prior order of this Court, the documents were reviewed to determine whether any information was not subject to the confidentiality of Education Law §6527(3) and to provide infant claimant with copies of his statements. A thorough review of the file reveals that the infant claimant was interviewed on three occasions regarding the incidents alleged in the claim. The Court directs the defendant to disclose the following portions of the special investigation report which consists of the infant claimant's statements:[1]

1. The second paragraph on page 2.


2. The first sentence on page 6.


3. Page 10.


4. Attachments, second handwritten statement, [writer's name is illegible] beginning

halfway down the page, "Then [K. I..] was interviewed..." to sentence which ends,

"...leave me alone."


5. Attachments, statement from Sister Judith, second to last paragraph redacting

the entire last sentence of that paragraph.


6. Physical examination report, page 2, for the infant claimant under title, "Additional

Comments/Description, line which begins, "Pt agreed..."


The names of other patients and staff of Mohawk Valley Psychiatric Center should be


redacted from all excerpts.

May 8, 2002
Syracuse, New York

HON. DIANE L. FITZPATRICK
Judge of the Court of Claims




[1]There were no statements of G. W. The balance of the investigative file is subject to Education Law §6527(3).