New York State Court of Claims

New York State Court of Claims

ROTOLO v. THE STATE OF NEW YORK, #2004-019-026, Claim No. 100018


Synopsis


Claimant, a pro se inmate, alleges that he received negligent medical care for his transgender disorder. Claim dismissed.

Case Information

UID:
2004-019-026
Claimant(s):
KEVIN ROTOLO,
Claimant short name:
ROTOLO
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100018
Motion number(s):

Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
KEVIN ROTOLO, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: Joseph F. Romani, Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
November 23, 2004
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant, Kevin Rotolo, a pro se inmate, alleges that he received negligent medical care for his transgender disorder while incarcerated at Southport Correctional Facility. More specifically, claimant alleges facility medical personnel refused to provide him estrogen therapy or female hormone injections that he had received at other facilities in which he was housed. The trial of this matter was held on November 15, 2004 at the Elmira Correctional Facility.


Claimant offered his own testimony in support of his claim. At the close of claimant's proof, the State offered the testimony of the facility physician who sufficiently refuted the allegations of claimant. Consequently, at the conclusion of the trial, a decision was rendered on the record dismissing the claim.


Based upon the findings of fact and conclusions of law placed on the record by the court, it is hereby


ORDERED that Claim No. 100018 should be and hereby is DISMISSED.


The clerk of the court is directed to enter judgment accordingly.



November 23, 2004
Binghamton, New York

HON. FERRIS D. LEBOUS
Judge of the Court of Claims