Rivera v. State

Appeal from an order of the Court of Claims (Philip J. Patti, J.), entered September 19, 2003 in a medical malpractice action. The order denied claimant’s motion for summary judgment and sua sponte granted summary judgment to defendant dismissing the amended claim.

*1031It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by vacating that part granting defendant summary judgment and reinstating the amended claim and as modified the order is affirmed without costs.

Memorandum: Claimant, an inmate at a correctional facility, commenced this…