Appellate Division of the Supreme Court of the State of New York August 2, 2012 (Clarke v. Smith)

Appeal from an order of the Supreme Court (Melkonian, J.), entered September 28, 2010 in Ulster County, which granted defendants’ motion to dismiss the complaint.

In June 2010, plaintiff, an inmate at Shawangunk Correctional Facility in Ulster County, filed the instant summons and complaint alleging deliberate indifference to his medical care by various prison officials.