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MULLALLY v. STATE OF NEW YORK

289 A.D.2d 308 (2001)

734 N.Y.S.2d 864

KAREN MULLALLY, Appellant, v. STATE OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 10, 2001.

Ordered that on the Court's own motion, the claimant's notice of appeal from a decision of the same court dated March 23, 2000, is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [c]); and it is further,

Ordered that the judgment is affirmed, with costs.

The well-settled law is that the State owes a duty to its incarcerated citizens to provide them with adequate medical care (see, Kagan v State of New York,

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