New York State Court of Claims

New York State Court of Claims

KING v. THE STATE OF NEW YORK, #2007-016-057, Claim No. 110466-A, Motion No. M-73982


Synopsis



Case Information

UID:
2007-016-057
Claimant(s):
LEMAN NALO KING
Claimant short name:
KING
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110466-A
Motion number(s):
M-73982
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
Levine & GilbertBy: Harvey A. Levine, Esq.
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralBy: Ralph J. Bavaro, Esq., AAG
Third-party defendant’s attorney:

Signature date:
December 10, 2007
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In the underlying claim, it is alleged that on November 19, 2004, claimant, a patient at Creedmoor Psychiatric Center, was assaulted by another patient, Ryan Martinez. In this motion, claimant seeks an order directing defendant to produce incident reports relating to any prior assaults by Mr. Martinez.[1] In Katherine F. v State of New York, 94 NY2d 200, 203-04, 702 NYS2d 231, 232 (1999), the Court of Appeals stated that:
Education Law § 6527 (3), which exempts certain records from the discovery provisions of article 31 of the Civil Practice Law and Rules, provides:

“ . . . [No] report required by the department of health pursuant to section twenty-eight hundred five-l of the public health law described herein, including the investigation of an incident reported pursuant to section 29.29 of the mental hygiene law, shall be subject to disclosure under article thirty-one of the civil practice law and rules” (Education Law § 6527 [3] [emphasis added]).

The language of the statute is unequivocal . . . Incident reports are defined as “reports of accidents and injuries affecting patient health and welfare” (Mental Hygiene Law § 29.29). Included in such reports are any allegations of “violent behavior exhibited by either patients or employees” . . .


Claimant’s attempt to distinguish Katherine F. with LaValle v State of New York, 185 Misc 2d 699, 713 NYS2d 844 (Sup Ct, Dutchess County 2000) is misplaced. In LaValle, plaintiff was a state employee who alleged sexual abuse and harassment by a supervisor and co-worker. She sought information obtained by the Office of the State Inspector General in connection with an investigation of the allegations. Incident reports pursuant to §29.29 of the Mental Hygiene Law were not at issue.

In view of the foregoing, having reviewed the submissions[2], IT IS ORDERED that motion no. M-73982 be denied.


December 10, 2007
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]With regard to prior violent acts by Martinez, in an October 10, 2007 Decision and Order, defendant was directed to provide claimant with those portions of Martinez’s Creedmoor records that contained nonmedical information re any such acts. See Mental Hygiene Law §33.13(c).1.
  2. [2]The following were reviewed: claimant’s notice of motion with affirmation in support and exhibits 1 through 3; defendant’s affirmation in opposition; and claimant’s reply affirmation.