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 that he had been denied certain prescribed medication and access to his legal mail, that a prison official filed a false misbehavior report against him and that he received a disciplinary disposition in an untimely manner. Defendant answered and asserted numerous affirmative defenses and subsequently moved to dismiss the claim. Claimant failed to submit any papers in…