SCOTT v. SMITH

510545.

104 A.D.3d 1029 (2013)

961 N.Y.S.2d 596

2013 NY Slip Op 1881

RASHAD SCOTT, Appellant, v. JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility, et al., Respondents.

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

March 21, 2013.


Mercure, J.P.

Appeal from a judgment of the Supreme Court (Cahill, J.), entered August 18, 2010 in Ulster County, which granted defendants' motion to dismiss the complaint.

Plaintiff, a prison inmate, commenced this action pursuant to 42 USC § 1983, asserting that defendants were deliberately indifferent to his serious medical needs when they allegedly failed to provide him with a CPAP machine to treat his sleep apnea, in violation of his rights under...

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