CLARKE v. SMITH

511350.

98 A.D.3d 756 (2012)

951 N.Y.S.2d 241

2012 NY Slip Op 5849

CARLTON CLARKE, Appellant, v. JOSEPH T. SMITH et al., Respondents.

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

Decided August 2, 2012.


In June 2010, plaintiff, an inmate at Shawangunk Correctional Facility in Ulster County, filed the instant summons and complaint alleging deliberate indifference to his medical care by various prison officials. He thereafter attempted to effect service upon defendants Joseph T. Smith and Chang Lee by way of the institutional mail at Shawangunk, and upon defendant Karen Bellamy via regular mail. Defendants thereafter successfully moved to dismiss the complaint for lack of...

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