New York State Court of Claims

New York State Court of Claims

McFADDEN v. THE STATE OF NEW YORK, #2004-030-034, Claim No. 106235


Synopsis



Case Information

UID:
2004-030-034
Claimant(s):
REGINALD McFADDEN
Claimant short name:
McFADDEN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106235
Motion number(s):
Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant's attorney:
REGINALD McFADDEN, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, NEW YORK STATE ATTORNEY GENERALBY: BARRY KAUFMAN, ASSISTANT ATTORNEY GENERAL
Third-party defendant's attorney:

Signature date:
October 4, 2004
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Reginald McFadden, the Claimant herein, had been scheduled for trial on Claim Number 106235 on September 17, 2004 via video conference procedure at Sing Sing Correctional Facility. On that date, Mr. McFadden appeared at Clinton Correctional Facility as required. However, during the initial stage of the video equipment set up/testing, he alleged he was unable to hear as his prescribed hearing aids were in the process of being repaired, and had not been returned for his use on the day of trial.

At the time, the Court noted that Claimant appeared responsive to questioning but nonetheless directed that if Claimant furnished proof of his inability to hear without the use of hearing aids, the matter would be adjourned as he requested. If such proof was not furnished within ten (10) days, the Claim would be dismissed, given that this was the second time Claimant had requested an adjournment of this Court at the time of trial.

Claimant has submitted a letter dated September 17, 2004 enclosing copies of a testing form from Adirondack Audiology Associates, P.C. dated December 14, 2000, as well as a copy of a grievance disposition from the Superintendent dated April 5, 2004, wherein the Claimant had apparently sought consultation with an Audiologist.

Under the "diagnosis" section of the testing form, someone has written: "moderately severe to profound . . . (illegible) hearing loss for all frequencies on right ear; profound loss for all frequencies on left ear." The "recommendations" portion of the testing form is largely illegible, however it does say something about "amplification to right ear."

The grievance form provides: "The grievant is requesting to be seen by an Audiologist. A consultation for Audiology services was submitted grievant 3/10/04 and was approved. Grievant is scheduled to be seen and reevaluated by the Audiologist April 7, 2004 . . . " (sic). In the appeal portion of the form, dated by Claimant April 7, 2004, Claimant writes: "I was seen by the Audiologist who took my old hearing aide (sic) to repair them, leaving me with none."

Additionally, Claimant submitted a Memorandum from Dale Artus, Superintendent of Clinton Correctional Facility, to Claimant, dated September 22, 2004 that provides: "I am in receipt of your recent undated communication received in my office on September 21, 2004. I have personally reviewed your medical concerns with the Nurse Administrator. She advised that you were seen on September 3, 2004 by the audiologist. At that time it was noted that your ‘current amplication' was not working properly and you will be rescheduled for the next clinic to refit you for new power amplication. In summary, on September 17, 2004 you did not have your hearing aids and you are currently scheduled to see the audiologist within the next two weeks."

After carefully considering these submissions, and in light of the apparent medical need for hearing aids to assist Claimant in accurately hearing any proceedings he might be involved in - and the lack of any contradictory medical information - the Court grants the requested adjournment.

The Clerk is instructed to assure that any new trial date is scheduled after Claimant once again has the use of his hearing aids.

So Ordered.

October 4, 2004
White Plains, New York

HON. THOMAS H. SCUCCIMARRA
Judge of the Court of Claims