|Claimant short name:||RIOS|
|Footnote (claimant name) :|
|Defendant(s):||STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||JUDITH A. HARD|
|Claimant's attorney:||By: Edward T. Chase, Esq.|
|Defendant's attorney:||Hon. Letitia James, Attorney General
By: Janet L. Polstein, AAG
|Third-party defendant's attorney:|
|Signature date:||June 29, 2021|
|See also (multicaptioned case)|
The Court has completed an in camera review of 64 pages, consisting of the progress notes and medication administration records from the Gateway Transitional Residence for patient M.G. for the dates of May 1, 2018 through July 31, 2018.
Where, as here, there exists a claim of patient-on-patient assault at a facility licensed and operated by the New York State Office of Mental Health, the Court must "conduct an in camera review of the assailant's records, and determine if they contain information of a nonmedical nature relating to any prior assaults or similar violent behavior by the assailant that should be disclosed" (Sohan v Long Is. Coll. Hosp., 282 AD2d 597, 598 [2d Dept. 2001]; see also Mental Hygiene Law § 33.13 [c]; Mayer v Albany Med. Ctr. Hosp., 37 AD2d 1011, 1011 [3d Dept. 1971]). The Court has reviewed the clinical record of the alleged assailant provided by defendant in compliance with the guidance set forth in Brier v State of New York, 95 AD2d 788 [2d Dept. 1983].
Based upon the foregoing, the Court finds that the documents submitted by defendant do not contain "information of a nonmedical nature relating to any prior assaults or similar violent behavior by the assailant that should be disclosed" (Sohan, supra at 598).
The Clerk of the Court is directed keep motion number M-95255 open pending the Court's receipt and review of documents subpoenaed from Zucker Hillside Hospital pursuant to the Court's March 1, 2021 Decision and Order (Rios v State of New York, UID No. 2021-032-021 [Ct Cl, Hard, J., Mar. 1, 2021]).
June 29, 2021
Albany, New York
JUDITH A. HARD
Judge of the Court of Claims