MATTER OF PEREZ v. STATE OF NEW YORK


293 A.D.2d 918 (2002)

742 N.Y.S.2d 140

In the Matter of ROBERTO PEREZ, Appellant, v. STATE OF NEW YORK, Respondent.

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

Decided April 25, 2002.


Rose, J.

Claimant, while an inmate at a state correctional facility in 1993, developed an ulceration of existing scar tissue on his right leg that was treated by state medical personnel until early 1997, when the ulcer was diagnosed as cancerous and surgically excised. On March 22, 1997, claimant filed a notice of intention to file a claim. In his claim, dated November 25, 1998, claimant alleged that the misdiagnosis and ineffectual treatment of this cancer resulted...

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