New York State Court of Claims

New York State Court of Claims

JOHNSON v. THE STATE OF NEW YORK, #2009-016-030, Claim No. 114120, Motion No. M-76172


Synopsis



Case Information

UID:
2009-016-030
Claimant(s):
CONNIE JOHNSON
Claimant short name:
JOHNSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
114120
Motion number(s):
M-76172
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
Connie Johnson, Pro Se
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralBy: Joseph F. Romani, Esq., AAG
Third-party defendant’s attorney:

Signature date:
May 26, 2009
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Connie Johnson moves “for poor person status in [t]his action to acquire [h]is [m]edical records.” In his underlying claim, Mr. Johnson alleges that he has been provided with improper and inadequate medical treatment at Wooodbourne Correctional Facility. Claimant previously made an application for poor person status which was denied in a Decision and Order dated July 15, 2008. The Decision and Order also addressed Mr. Johnson’s motion for an order compelling defendant to respond to numerous interrogatories and requests for the production of documents; defendant was directed to provide claimant with copies of his medical records for the period of November 2003 through the present. Via the instant motion, claimant seeks to obtain the copies without cost. Defendant objects and states that claimant’s medical records will be provided to him “at a cost of $0.25 per page for a total of $54.25.” See ¶4 of the February 13, 2009 affirmation of Joseph F. Romani (the “Romani Aff.”).

Even had claimant been granted poor person status, he would not be entitled to obtain his records from the State at no cost. See, e.g., Brabham v State of New York, Ct Cl, September 22, 2006 (claim no. 109431, motion no. M-72154, UID #2006-041-004, Milano, J.[1]) Defendant also notes that claimant is entitled to review his medical records by making arrangements at his holding facility “pursuant to Policy No. 4.10 of the DOCS Healthcare Manual.” See ¶4 of the Romani Aff.

In view of the foregoing, having reviewed the submissions[2], IT IS ORDERED that motion no. M-76172 be denied.



May 26, 2009
New York, New York

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




  1. [1]This and other decisions of the Court of Claims may be found on the Court’s website: www.nyscourtofclaims.state.ny.us.
  2. [2]The following were reviewed: claimant’s notice of motion with affidavit in support; and defendant’s affirmation in opposition with exhibits A through C.