SPIRLES v. STATE


28 A.D.3d 952 (2006)

814 N.Y.S.2d 327

WILLIE SPIRLES, Appellant, v. STATE OF NEW YORK, Respondent.

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

April 20, 2006.


Lahtinen, J.

While incarcerated at Upstate Correctional Facility in Franklin County, claimant filed a claim alleging medical malpractice based on the purported failure of the prison medical staff to have his injured hand x-rayed in a timely manner. Attached to the claim were several duly notarized affidavits, but there was no verification of the claim. Defendant thereafter interposed an answer, asserting the defense of lack of jurisdiction due to claimant's dereliction...

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