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Deceased Prisoner's Medical Reports Ordered Disclosed To Commission Of Correction Chairman
Chairman of the New York Commission of Correction Alan Croce motioned to compel document production concerning a prisoner's death and treatment. County Department of Health Service Medical Director Jeanne Alicandro, M.D., had denied the request. The court ordered the documents produced.
A prisoner was found hanging in his cell dead at the Suffolk County Jail in 2003. He was rushed to the hospital and then pronounced dead. After the report was filed, and in accordance with N.Y. Correct. Law § 47(l)(a), an investigation ensued. Croce requested a quality review report and any other reports prepared regarding treatment given to the prisoner on the day of the incident. When Alicandro refused Croce filed the motion.
The Albany County Supreme Court of New York held that under N.Y. Correct. Law § 44(4) the Chairman could request and receive from any department information enabling the proper performance of it's duties and that the reports' disclosure was not exempt under Public Health Law § 3006. The court ordered compliance within 15 days. See: Croce v. Alicandro, 7 misc.3d 744, 791 N.Y.S.2d 813 (2005).
A prisoner was found hanging in his cell dead at the Suffolk County Jail in 2003. He was rushed to the hospital and then pronounced dead. After the report was filed, and in accordance with N.Y. Correct. Law § 47(l)(a), an investigation ensued. Croce requested a quality review report and any other reports prepared regarding treatment given to the prisoner on the day of the incident. When Alicandro refused Croce filed the motion.
The Albany County Supreme Court of New York held that under N.Y. Correct. Law § 44(4) the Chairman could request and receive from any department information enabling the proper performance of it's duties and that the reports' disclosure was not exempt under Public Health Law § 3006. The court ordered compliance within 15 days. See: Croce v. Alicandro, 7 misc.3d 744, 791 N.Y.S.2d 813 (2005).
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Related legal case
Croce v. Alicandro
| Year | 2005 |
|---|---|
| Cite | 7 misc.3d 744, 791 N.Y.S.2d 813 (2005) |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Injunction Status | Granted |