Opinion
# 2018-038-578 Claim No. 123620 Claim No. 126444 Motion No. M-92409
08-16-2018
SEAN FINCHER v. THE STATE OF NEW YORK
SEAN FINCHER, Pro se BARBARA D. UNDERWOOD, Attorney General of the State of New York By: Joan Matalavage, Assistant Attorney General
Synopsis
Defendant's motion to consolidate two claims relating to medical treatment of the same injury granted upon claimant's consent.
Case information
| UID: | 2018-038-578 |
| Claimant(s): | SEAN FINCHER |
| Claimant short name: | FINCHER |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 123620, 126444 |
| Motion number(s): | M-92409 |
| Cross-motion number(s): | |
| Judge: | W. BROOKS DeBOW |
| Claimant's attorney: | SEAN FINCHER, Pro se |
| Defendant's attorney: | BARBARA D. UNDERWOOD, Attorney General of the State of New York By: Joan Matalavage, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | August 16, 2018 |
| City: | Saratoga Springs |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant, an individual formerly incarcerated in a State correctional facility, filed two claims in which he alleges in part that he received inadequate medical treatment in State correctional facilities following a knee injury in April 2013. Defendant moves for consolidation of the two claims for discovery and trial. Claimant does not oppose the motion and agrees to the consolidation of the claims.
Claim number 123620 alleges that claimant injured his right knee in the Main Yard at Franklin Correctional Facility (CF) on April 29, 2013 and was forced to limp 100 feet to a van in which he was transported to the facility's infirmary. The claim alleges that his knee injury was treated by medical staff at Franklin CF and Upstate CF medical staff from the date of his injury through October 2013. The claim alleges that claimant underwent arthroscopic knee surgery on November 18, 2013 at Alice Hyde Hospital and that he was injured while being transferred from a wheelchair into a van immediately following the procedure. The claim asserts that medical staff at Franklin CF and other Department of Corrections and Community Supervision medical personnel were negligent and committed malpractice in the treatment of the injury from the date of his injury through October 2013. The claim also asserts that Franklin CF staff were negligent in failing to use the mobilization board present at the Main Yard on April 29, 2013, and in failing to deploy a wheelchair-accessible van to transport him following his surgery on November 18, 2013.
Claim number 126444 alleges that Ogdensburg CF medical staff failed to properly diagnose and treat his right knee on three separate dates from March 2015 through May 2015 in response to his complaints about pain and swelling in the knee. The claim also alleges that Ogdensburg CF medical staff denied claimant blood pressure medication in May 2015. The claim asserts that Ogdensburg CF medical staff discriminated against claimant and violated his constitutional rights and existing medical protocols in its medical treatment of his right knee, and also that Ogdensburg CF medical personnel disregarded his medical condition and deprived him of his constitutional rights in failing to continue his blood pressure medication.
When separate actions involve a common question of law or fact, a court may "order a joint trial of any or all the matters in issue, may order the actions consolidated, and may make such other orders concerning proceedings therein as may tend to avoid unnecessary costs or delay" (CPLR 602 [a]). "It is well established that the power to order consolidation rests in the sound discretion of the court, and that where common questions of law or fact exist, consolidation is warranted unless the party opposing consolidation demonstrates prejudice to a substantial right" (Berman v Greenwood Vil. Community Dev., 156 AD2d 326, 326-327 [2d Dept 1989]; see also Biscone v Carnevale, 186 AD2d 942, 944 [3d Dept 1992]). "Notably, consolidation is favored by the courts as serving the interests of justice and judicial economy" (Guasconi v Pohl, 2 AD3d 1202, 1203 [3d Dept 2003] [internal quotation marks and citations omitted]).
Both claims contain allegations addressed to the quality of medical care that defendant provided for claimant's right knee following his injury in April 2013, and thus contain common issues of fact and law. As noted above, claimant agrees to have the claims consolidated and does not assert any prejudice, and none is facially apparent. Therefore, the Court finds that the interests of justice and judicial economy would be served by consolidating these two claims for purposes of discovery and trial.
Accordingly, it is
ORDERED, that defendant's motion number M-92409 is GRANTED and the consolidated claim shall hereafter be captioned "SEAN FINCHER (Claimant) v THE STATE OF NEW YORK (Defendant)" and this consolidated claim shall be designated as Claim number 123620; and it is further
ORDERED, that the Chief Clerk of the Court is hereby directed to transfer the contents of the file for claim number 126444 to claim number 123620 and to close claim number 126444.
August 16, 2018
Saratoga Springs, New York
W. BROOKS DeBOW
Judge of the Court of Claims Papers considered: (1) Claim number 123620, filed December 6, 2013; (2) Claim number 126444, filed July 16, 2015; (3) Notice of Motion, dated June 13, 2018; (4) Affirmation of Joan Matalavage, AAG, dated June 13, 2018, with Exhibits A-E; (5) Response of Sean Fincher to Defendant's Motion, dated July 12, 2018.