Bennett v. State

Appeal from a judgment of the Court of Claims (Lebous, J.), entered March 30, 2005, upon a decision of the court in favor of defendant.

Claimant is an inmate in the custody of the Department of Correctional Services (hereinafter DOCS). His initial dental examination and X rays upon entering DOCS custody in 1996 revealed that claimant suffered from advanced periodontal disease. DOCS dental personnel extracted three of claimant’s teeth *1070before 1998, at which time full charting of his teeth was performed and new X rays were taken. A DOCS dentist, Hollis Heinzerling, performed scaling and root…