D.H. v. State

OPINION OF THE COURT

Christopher J. McCarthy, J.

Claimant, D.H., failed to establish by a preponderance of the credible evidence that the State of New York disclosed his confidential HIV-related information in violation of article 27-F of the Public Health Law.

Claimant previously moved for summary judgment. The court denied the motion (D.H. v State of New York, Ct Cl, Nov. 8, 2013, McCarthy, J., UID No. 2013-040-074) stating that claimant failed to make a prima facie case as claimant failed to submit proof to establish that the nurse provided information to anyone that “reasonably could…