Johnson v. State of New York

Appeal from an order of the Court of Claims (DeBow, J.), entered April 23, 2015, which granted defendant’s motion to dismiss the claim.

In 2009, claimant, an inmate at Upstate Correctional Facility, filed a claim alleging, among other things, that two prison officials had refused to give him proper meals so that he could take his prescribed medication. Defendant answered and asserted numerous affirmative defenses and subsequently sought dismissal of the claim. After claimant failed to submit any papers in opposition to defendant’s motion, the Court of Claims granted the motion upon his default…