Welch v. State

Appeal from an order of the Court of Claims (Philip J. Patti, *1451J.), entered July 7, 2011. The order, insofar as appealed from, denied the motion of claimant for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Claimant, an inmate at a correctional facility, commenced this medical malpractice action alleging that various employees of defendant and the Niagara County jail failed to diagnose and treat him for hepatitis C. We conclude that the Court of Claims properly denied claimant’s motion for summary judgment inasmuch as he…