From Casetext: Smarter Legal Research

In the Matter of Domenech v. Goord

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 2005
20 A.D.3d 416 (N.Y. App. Div. 2005)

Opinion

2003-05108, 2004-11091.

July 5, 2005.

In a proceeding pursuant to CPLR article 78, inter alia, to compel Glenn S. Goord, Brian Fischer, Lester Wright, and John Perilli, to provide the petitioner with medical treatment, the appeal is from (1) a judgment of the Supreme Court, Westchester County (Smith, J.), dated May 28, 2003, and (2) an amended judgment of the same court dated June 11, 2003, which granted the petition.

Eliot Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and Melanie L. Oxhorn of counsel), for appellants.

Koob Magoolaghan, New York, N.Y. (Alexander A. Reinert of counsel), for respondent.

Before: S. Miller, J.P., Krausman, Spolzino and Lifson, JJ., concur.


Ordered that the appeal from the judgment is dismissed, without costs or disbursements, as the judgment was superseded by the amended judgment; and it further,

Ordered that the amended judgment is affirmed, without costs or disbursements.

Under the circumstances of this case, the denial of medical treatment to the petitioner prison inmate pursuant to the appellants' medical treatment policy constituted deliberate indifference to his medical condition in violation of the US Constitution Eighth Amendment ( see Estelle v. Gamble, 429 US 97, 104-106; Johnson v. Wright, 234 F Supp 2d 352; cf. Brock v. Wright, 315 F3d 158, 165-166; People ex rel. Sandson v. Duncan, 306 AD2d 716, 717; Matter of Allah v. White, 243 AD2d 913; Matter of Singh v. Eagen, 236 AD2d 654, 655).


Summaries of

In the Matter of Domenech v. Goord

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 2005
20 A.D.3d 416 (N.Y. App. Div. 2005)
Case details for

In the Matter of Domenech v. Goord

Case Details

Full title:In the Matter of ANGEL DOMENECH, Respondent, v. GLENN S. GOORD et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 5, 2005

Citations

20 A.D.3d 416 (N.Y. App. Div. 2005)
797 N.Y.S.2d 313

Citing Cases

Hilton v. Wright

Additionally, two state courts found the ASAT/RSAT policy unconstitutional and ordered defendants to provide…

Wooley v. Corr. Servs

Legal Aid Society, New York City ( Steven Banks, John Boston and Milton Zelermyer of counsel), and Prisoners'…