New York State Court of Claims

New York State Court of Claims

BRAMBLE v. THE STATE OF NEW YORK, #2006-028-592, Claim No. NONE, Motion No. M-71519


Synopsis



Case Information

UID:
2006-028-592
Claimant(s):
REUBEN BRAMBLE
Claimant short name:
BRAMBLE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
NONE
Motion number(s):
M-71519
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant’s attorney:
REUBEN BRAMBLE, PRO SE
Defendant’s attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Kathleen M. Arnold, Esq.Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
October 26, 2006
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on Movant’s motion for permission to file a late claim:

1. Notice of Motion and Supporting Affidavit of Reuben Bramble, pro se, with annexed Exhibits


2. Affirmation in Opposition of Kathleen M. Arnold, AAG


3. Reply Affidavit of Reuben Bramble, pro se


Filed papers: None


The proposed Claim, annexed to Movant’s affidavit, alleges that on June 12, 1995 at Coxsackie Correctional Facility, Movant was informed by facility medical staff that he might have Herpes I and II. He was given treatment for this condition from July 5, 1995 through November 17, 1995. Upon being transferred to Greene Correctional Facility in November 1995, to Orleans Correctional Facility in December 1998, and to Queensboro Correctional Facility in November 2002, Movant continued to receive the same treatment. During this time, Movant alleges, he continually complained about the effect the medication had and continually asked that his blood be retested. Claimant was released from State custody in December 2002, and in March 2003 he went to an outside hospital with his complaints. At that time, Movant was informed that he tested negative for the disease. Claimant seeks permission to commence an action against the State to recover money damages for the several years during which he received unnecessary and harmful medication. Attached to the moving papers are copies of some, or possibly all, of Movant’s Ambulatory Health Records.

Defendant does not dispute that doctrine of continuous treatment would be applicable in this situation (see Meath v Mishrick, 68 NY2d 992, 994 [1986]; McDermott v Torre, 56 NY2d 399, 403 [1982]; Borgia v City of New York, 12 NY2d 151, 155 [1962]), which would mean that the last possible date on which any medical malpractice cause of action against the State would have accrued would be December 13, 2002. This was the date when Movant was released from State custody, thereby severing the relationship between Movant and physicians employed by the Department of Correctional Services.

Under Article 2 of the CPLR, a claim for medical malpractice must be commenced within two and one-half years of the date of accrual (CPLR 214-a). A motion for permission to late file must be brought during the time period when "a like action against a citizen" would not be barred by the applicable CPLR Article 2 statute of limitations (Court of Claims Act §10[6]).

Movant’s Notice of Motion was not filed until April 5, 2006, more than three years after the date on which any cause of action accrued. The Court lacks authority to grant the requested relief.

Motion No. M-71519 is DENIED.



October 26, 2006
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims