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Matter of Moore v. Leonardo

Appellate Division of the Supreme Court of New York, Third Department
Jul 16, 1992
185 A.D.2d 489 (N.Y. App. Div. 1992)

Opinion

July 16, 1992

Appeal from the Supreme Court, Washington County (Berke, J.).


Petitioner, an inmate at Great Meadow Correctional Facility in Washington County, instituted this CPLR article 78 proceeding to compel medical care and treatment above and beyond that which he is presently receiving, which he deems inadequate. In the alternative, petitioner seeks his release from imprisonment.

It appears that petitioner was seen by the facility's medical staff approximately 23 times between September 4, 1990 and August 5, 1991. During this period he was given blood, urine and stool analysis tests and X rays, all of which showed no abnormalities. He was diagnosed as having a spastic colon with symptoms of abdominal pain, cramps, nausea and diarrhea, and various medicines were prescribed from time to time. Based on the diagnosis and treatment, petitioner has failed to show that respondents were deliberately indifferent to a serious medical need (see, Estelle v. Gamble, 429 U.S. 97; Matter of Stephens v Ward, 63 A.D.2d 798), which is the burden that petitioner must meet in order to succeed on his claim (see, Matter of Ronson v Commissioner of Correction, State of N.Y., 112 A.D.2d 488, 489). His failure to meet that burden required dismissal of the petition and, therefore, we affirm Supreme Court's judgment.

Weiss, P.J., Levine, Mahoney and Harvey, JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Moore v. Leonardo

Appellate Division of the Supreme Court of New York, Third Department
Jul 16, 1992
185 A.D.2d 489 (N.Y. App. Div. 1992)
Case details for

Matter of Moore v. Leonardo

Case Details

Full title:In the Matter of RICKEY MOORE, Appellant, v. ARTHUR LEONARDO, as…

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

Date published: Jul 16, 1992

Citations

185 A.D.2d 489 (N.Y. App. Div. 1992)

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