Davis v. State

Appeal from an order of the Court of Claims (Renee Forgensi Minarik, J.), entered August 1, 2007. The order dismissed the claim for lack of subject matter jurisdiction.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Claimant commenced this action seeking damages for injuries resulting from allegedly erroneous advice from two physicians at the correctional facility where he was incarcerated that no treatment was necessary for a lump in his upper abdomen. We agree with defendant that the Court of Claims properly dismissed the claim for lack…