Appellate Division, Fourth Department
Inmate — Litigation Costs
Proper Venue — Protective Order
Martinez v. State of New York
Appealed from Court of Claims
Background: The claimant, an inmate in a correctional facility, brought a slip and fall action after he injured his knee. He appealed from an order denying his motion to compel the defendant to send him to an orthopaedic specialist for an MRI. He also appealed from an order granting the defendant’s protective order relieving it from the responsibility of responding to the claimant’s interrogatories.
Ruling: The Appellate Division affirmed. The court held that the claimant must raise the MRI request in an article 78 proceeding. The claimant’s argument was that the defendant had a duty to provide him with medical treatment. Further, the Court of Claims may not direct the payment of litigation costs to any party. Also, the protection order was warranted as the interrogatories were directed to non-party employees of the defendant.
Manuel Martinez, pro se; Frank K. Walsh of the New York State Office of the Attorney General for the defendant-respondent