New York State Court of Claims

New York State Court of Claims

MCFADDEN v. THE STATE OF NEW YORK, #2006-032-026, Claim Nos. 109589, 109447, 109229, 109389, Motion No. M-70928


Synopsis



Case Information

UID:
2006-032-026
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):
109589, 109447, 109229, 109389
Motion number(s):
M-70928
Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant's attorney:
Reginald McFadden, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, NYS Attorney GeneralBy: Glenn C. King, Assistant Attorney General, Of Counsel
Third-party defendant's attorney:

Signature date:
March 23, 2006
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Pursuant to CPLR 602, claimant, an inmate incarcerated at Clinton Correctional Facility, moves this Court to consolidate four claims alleging, inter alia, denial of adequate medical care. Specifically, claim 109229 alleges, inter alia, inadequate medical care for a urinary problem in March 2004, and a hearing problem in April 2004. Claim 109389 alleges a continuation of his urinary problem and inadequate medical care for a liver problem in March 2004. Claim 109447 alleges further denial of proper treatment for his urinary and liver conditions. Finally, claim 109589 contains additional allegations regarding his urinary problem.

Given that defendant does not oppose this request, and judicial economy is served by consolidation, claimant's request is granted.

As such, claims 109447, 109389, 109229 are now consolidated under claim 109589. The pleadings previously served by both parties shall be, in combination, the pleadings in claim 109589.



March 23, 2006
Albany, New York

HON. JUDITH A. HARD
Judge of the Court of Claims


Papers Considered:


1.Notice of Motion filed October 31, 2005;

2. Affidavit of Reginald McFadden sworn to October 26, 2005;

3. Letter by Glenn C. King, Esq. dated December 5, 2005.