Scott v. Smith

Mercure, J.P.

Appeal from a judgment of the Supreme Court (Cahill, J.), entered August 18, 2010 in Ulster County, which granted defendants’ motion to dismiss the complaint.

Plaintiff, a prison inmate, commenced this action pursuant to 42 USC § 1983, asserting that defendants were deliberately indifferent to his serious medical needs when they allegedly failed to provide him with a CPAP machine to treat his sleep apnea, in violation of his rights under the Eighth Amendment of the US Constitution. Defendants moved to dismiss the complaint for failure to state a cause of action. Supreme Court…